Parmanand Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53184 of 2018 Arising Out of PS. Case No.-719 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Parmanand Goswami Son of Naresh Goswami Resident of Village- Parora, P.S. K. Nagar, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Wasi Ahmad Khan For the Opposite Party/s :

Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 719 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

30 lts. of foreign liquor is said to have been recovered from beneath the seat of the bus and petitioner, who happens to be its conductor 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 liquor. He happens to be conductor of the bus and he

Patna High Court Cr.Misc. No.53184 of 2018(2) dt.30-08-2018 2/2 had no knowledge of keeping of liquor in the bag beneath the seat of the bus by its passenger. He has been falsely implicated in this case by the personnel of Excise Department merely on suspicion. He has no criminal antecedent. He has been languishing in custody since 03.08.2018.

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 A.D.J.-IIcum-Special Judge, Excise Act, Madhepura in connection with Excise Case no. 719 of 2018.

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