Police Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74806 of 2019 Arising Out of PS. Case No.-105 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Police Paswan Son of Late Parsuram Paswan R/o Village- Milki Chaksiya Ward No.16, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rina Sinha, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha. APP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with C2A No. 105 of 2019, registered for offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The allegation against the petitioner, as per prosecution report lodged by the Excise Official, is that total quantity of 60 litres of illicit liquor has been recovered from the mango orchard.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive. He further submits that petitioner has no criminal antecedent and the illicit liquor has not been

Patna High Court CR. MISC. No.74806 of 2019(2) dt.11-12-2019 2/2 recovered from the conscious possession of the petitioner inasmuch as the same has been recovered from mango orchard, which is an open space and accessible to all. He further submits that the petitioner is in custody since 11.08.2019. Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner has got no criminal antecedent, he is in custody since 11.08.2019 and mango orchard is an open space which is accessible to all, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above-named, be enlarged on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Vaishali at Hajipur in connection with C2A No. 105 of 2019.

(Anil Kumar Sinha, J) S.Katyayan/- U T