Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73877 of 2019 Arising Out of PS. Case No.-451 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== Manoj Paswan, Male, aged about 24 years, S/o Amir Paswan, R/o villageBarahsher Tola Douraghat ward No. 2, P.S.- Bihra, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner, the informant and learned A.P.P. for the State.

The petitioner seeks bail in connection with Special (Excise) Case No.451 of 2019 corresponding to Excise Department Case No. 112 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is recovery of 20 liters of country made liquor from the motorcycle. However, the motorcycle does not belong to the petitioner. Learned counsel for the petitioner further submits that there is no recovery from the conscious possession of the petitioner. Learned counsel for the petitioner further submits

Patna High Court CR. MISC. No.73877 of 2019(2) dt.27-11-2019 2/2 that the petitioner is in jail custody since 16.09.2019. In the facts and circumstances of the case, I am inclined to grant bail to the petitioner, subject to deposit of Rs.10,000/- in the court below/Nazarat. Let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri M.K. Singh, Special Judge (Excise Act) at Saharsa in connection with Special (Excise) Case No.451 of 2019 corresponding to Excise Department Case No. 112 of 2019.

Such deposit of Rs.10,000/- shall abide by the outcome of the criminal case.

(Anjani Kumar Sharan, J) Nasimul/- U T