Prakash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30706 of 2018 Arising Out of PS. Case No.-174 Year-2017 Thana- PARAIYA District- Gaya ====================================================== Prakash Paswan, S/o Late Rajendra Paswan, R/o Vill.- Kamaldah, P.S.- Paraiya, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Paraiya P.S. Case No.174 of 2017 registered under Sections 272 and 273 of the Indian Penal Code besides Sections 30(a) (d) of the Bihar Prohibition and Excise Act, 2016. The accusation is that the informant, being the Sub Inspector of Police Station-Paraiya, on receiving secret information about preparation of illicit liquor and selling the same by the petitioner in the hut, constructed in the field, reached at the filed of the petitioner and from the hut, a gallon, containing six liters country made liquor, was recovered, while the petitioner succeeded to flee away.

Patna High Court Cr.Misc. No.30706 of 2018(2) dt.12-06-2018 2/2 Learned counsel for the petitioner submits that it would appear from the F.I.R. that the gallon, containing 6 liters country made liquor, was recovered from the hut, constructed at the field, which was in the joint possession of the petitioner and his four other brothers. Further submission is that the petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Excise Judge, Gaya, in connection with Paraiya P.S. Case No.174 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T