Dasai Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35874 of 2018 Arising Out of PS.Case No. -365 Year- 2018 Thana -SITAMARHI District- SITAMARHI ====================================================== Dasai Paswan, S/o Late Yamuna Paswan @ Late Yamuna Paswan @ Jamuna Paswan, Resident of Village- Parari @ Parri @ Parori, P.S.- Sitamarhi, District- Sitamarhi (Punaura O.P.). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
10.125 litres of foreign liquor is said to have been recovered from the hut of the petitioner and the petitioner was 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
Patna High Court Cr.Misc. No.35874 of 2018 (2) dt.29-06-2018 2/2 with the seized liquor. He has been falsely implicated in the case at the instance of his enemies. The hut of the petitioner is inhabited by several family members and he had no knowledge of keeping of the said liquor in the said hut. He has no criminal antecedent. He has been languishing in custody since 07.04.2018. 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 A.D.J.-II cum Special Judge, Excise Act, Sitamarhi in connection with Sitamarhi (Punaura O.P.) P.S. Case No. 365 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T