Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22346 of 2018 Arising Out of PS. Case No.-133 Year-2017 Thana- MAJHAULIA District- West Champaran ====================================================== Manoj Paswan, Son of Ramayan Paswan, Resident of village- Ahwar Sheikh, Paswan Tola, P.S.- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Majhaulia P.S. Case no. 133 of 2017 registered under Section 30(a) of Bihar Prohibition & Excise Act-2016.

3000 lts. of spirit is said to have been recovered from the Ghanauti river which is said to have been brought and dumped there by the petitioner and three other named accused persons and five other unknown accused persons. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery or with any

Patna High Court Cr.Misc. No.22346 of 2018(2) dt.17-04-2018 2/2 trade of liquor. He was not apprehended on the spot. He has been falsely implicated in the case at the instance of his enemy. The identity and genuineness of source of information has not been mentioned in the FIR. He has no criminal antecedent. He has been languishing in custody since 19.01.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran in connection with Majhaulia P.S. Case no. 133 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T