Gariban Paswan @ Garivan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70706 of 2019 Arising Out of PS. Case No.-341 Year-2019 Thana- GAURICHAK District- Patna ====================================================== GARIBAN PASWAN @ GARIVAN PASWAN Son of Late Rambabu Paswan Resident of Village - Mahmada, P.S.- Gaurichak (Jaitiya) (Jaitia), Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Geeta Kumari For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Gaurichak Police Station Case No. 341 of 2019, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, as per the First Information Report, is that the Police, on secret information that the petitioner was indulged in the sale of illicit liquor, proceeded towards the place of occurrence and recovered 50 litres of illicit liquor from the possession of the petitioner. Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and has falsely been

Patna High Court CR. MISC. No.70706 of 2019(2) dt.04-12-2019 2/2 implicated by the police in the present case with oblique motive. She further submits the alleged illicit liquor has been recovered from the roadside and not from the conscious possession of the petitioner and the petitioner is in judicial custody since 12.08.2019 Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is in judicial custody since 12.08.2019 having no criminal antecedent, I am inclined to enlarge the petitioner on bail.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Gaurichak Police Station Case No. 341 of 2019. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √