Fulgen Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47261 of 2018 Arising Out of PS. Case No.-89 Year-2018 Thana- PAKRIDAYAL District- East Champaran ====================================================== Fulgen Paswan, S/o Mahabir Paswan R/o Village-Panditpur, P.S. Pakridayal, Distt-East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Tondon For the Opposite Party/s :

Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Pakridayal P.S. Case No. 89 of 2018 registered for the offence punishable under Sections 272, 273, 353 of I.P.C. and Sections 30, 34, 38 of the Bihar Prohibition and Excise Act, 2016. 30 lts. of toddy and 8 lts. of country made liquor are said to have been recovered from Mango orchard of the petitioner and he was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized article. He has been falsely implicated in this case at

Patna High Court Cr.Misc. No.47261 of 2018(2) dt.02-08-2018 2/2 the instance of his enemy merely because he happens to be owner of the said orchard. The place of recovery is open place and easily accessible to anyone and he had no knowledge of keeping of aforesaid article there. Seizure list does not bear the signature of the petitioner. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 24.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge-VII-cum-Special Judge, Excise, Motihari, East Champaran in connection with Pakridayal P.S. Case No. 89 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T