Jiyalal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47256 of 2018 Arising Out of PS. Case No.-78 Year-2018 Thana- GHORASAHAN District- East Champaran ====================================================== Jiyalal Paswan, S/o Late Naga Paswan, R/o Vill-Bhagwanpur Kotwa (Gulariya Tola), P.S. Ghorasahan, Distt-East Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mr. Uday Pratap Singh ====================================================== 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 Ghorasahan P.S. Case No. 78 of 2018 registered for the offence punishable under Sections 272, 273 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 27 lts. of Nepali wine is said to have been recovered from bamboo clump and from behind the house of the petitioner.
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 either with the seized liquor or with the place of recovery. The place
Patna High Court Cr.Misc. No.47256 of 2018(2) dt.02-08-2018 2/2 of recovery is open place and easily accessible to anyone. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 13.05.2018.
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 Special Judge, Excise, East Champaran at Motihari in connection with Ghorasahan P.S. Case No. 78 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T