Jagdish Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42870 of 2018 ====================================================== Jagdish Paswan, Son of Late Goverdhan Paswan, resident of village - Soneversa, P.S.-Rafiganj, District-Aurangabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.
182.750 litres of foreign liquor is said to have been recovered from the straw room of the petitioner located bit apart from his house and the petitioner and his daughter-in-law were apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in the case at the instance of his enemies. The house of the petitioner is
Patna High Court Cr.Misc. No.42870 of 2018 (2) dt.17-07-2018 2/2 inhabited by several family members and he had no knowledge of keeping of the said liquor in the aforesaid straw room. There is violation of Section 100 Cr.P.C. Petitioner happens to be old person aged about 60 years. He has no criminal antecedent. He has been languishing in custody since 24.05.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-VII cum Special Judge, Excise Act, Aurangabad in connection with Rafiganj P.S. Case No. 90 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T