Sudama Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39249 of 2018 Arising Out of PS. Case No.-482 Year-2018 Thana- BIHTA District- Patna ====================================================== Sudama Paswan S/o Jagdish Paswan, R/o Vill.- Suroudh, P.S.- Koilwar, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioner and State.

The petitioner is in custody in connection with Special Case No. 4360 of 2018 arising out of Bihta P.S. Case No. 482 of 2018 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that in this case country made liquor seized not from the conscious possession of the petitioner but from the tube at the bank of river Sone. Learned counsel submits that in this case12 persons have been arrested.

Considering the fact that the petitioner is in custody since 09.05.2018, the recovery was not made from the conscious possession of the petitioner but from the bank of river

Patna High Court Cr.Misc. No.39249 of 2018(2) dt.09-07-2018 2/2 Sone, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Patna, in connection with Special Case No. 4360 of 2018 arising out of Bihta P.S. Case No. 482 of 2018.

(Anil Kumar Upadhyay, J.) Rajiv/- U