Pyare Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53944 of 2018 Arising Out of PS.Case No. -40 Year- 2018 Thana -KARAI PARSURAI District- NALANDA (BIHARSHARIFF) ====================================================== Pyare Paswan, S/o. Late Ledu Paswan, R/o. Village- Berthu, P.S.- Karai Parshurai, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Sinha For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

25 litres of country made liquor is said to have been recovered from the road located in the village Berthu said to have been dumped by the petitioner and Mahlu Ram who managed to escape.

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 either with the seized liquor or with the place of recovery or any

Patna High Court Cr.Misc. No.53944 of 2018 (2) dt.31-08-2018 2/2 trade of liquor. He has been falsely implicated in the case at the instance of his enemy. The identity and genuineness of the sources of information has not been mentioned in the self statement of the informant. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 25.05.2018. Similarly situated co-accused, namely, Sanjay Ram @ Mahlu Ram has been enlarged on bail by this court vide order dated 24.07.2018 passed in Cr. Misc. No. 44749. 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 Additional District and Sessions Judge- VI cum Special Judge, Excise, Nalanda at Bihar Sharif in connection with Karai Parshurai P.S. Case No. 40 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T