Guddu Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53918 of 2018 Arising Out of PS. Case No.-445 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ======================================================
1. Guddu Paswan, S/o Late Hari Paswan.
2. Kunkan Paswan @ Kunchun Paswan, S/o Nathuni Paswan. Both R/o Vill-Gabandri Bajar, P.S. Kesariya, Distt-East Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with Mufasil P.S. Case no. 445 of 2018 registered for the offence punishable under Sections 272, 273 of I.P.C. and Section 30(a) of Bihar Excise and Prohibition Act-2016.
34.400 lts. of country made liquor is said to have been recovered from motorcycle of the petitioners and they were apprehended in the course of escaping from the said motorcycle. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern
Patna High Court Cr.Misc. No.53918 of 2018(2) dt.31-08-2018 2/2 with the seized liquor. They have been falsely implicated in this case by the police merely on suspicion while they were passing through the place of occurrence at the time of occurrence and real culprits managed to escape dumping the aforesaid liquor there seeing the police personnel. They have no criminal antecedent. They have been languishing in custody since 22.07.2018.
In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, East Champaran, Motihari in connection with Mufasil P.S. Case no. 445 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T