Santan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34238 of 2018 Arising Out of PS.Case No. -126 Year- 2017 Thana -NABINAGAR District- AURANGABAD ====================================================== Santan Paswan S/o Late Muni Paswan, R/o Vill.- Baghi, P.S.- Nabinagar, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

40 litres of country made liquor is said to have been recovered from the bag lying beside the motorcycle of the petitioner fallen due to accident met by him. 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 with the seized liquor. As a matter of fact, he had fallen on the place of occurrence meeting the accident while the real culprit

Patna High Court Cr.Misc. No.34238 of 2018 (2) dt.20-06-2018 2/2 managed to escape seeing the police party dumping the aforesaid liquor there. Though two more criminal cases have been lodged against the petitioner, but he is on bail in the aforesaid cases. He has been languishing in custody since 27.04.2018. 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 Addl. Sessions Judge-VII cum Special Judge, Excise, Aurangabad in connection with Nabinagar P.S. Case No. 126 of 2017.

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