Laltu Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45163 of 2018 Arising Out of PS.Case No. -441 Year- 2018 Thana -KHAZANIHAT District- PURNIA ====================================================== Laltu Kumar Paswan, son of Late Yogendra Paswan, resident of village Korha Paswan Tola, Ward No.07, P.S. Korha, District Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-07-2018 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 272 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 149.880 liters of foreign liquor is said to have been recovered from the dickey of the car and its driver, namely, Ajay Kumar Dar and the petitioner sitting in the said car were 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 either with the seized liquor or the car in question. He happens to be a simple commuter and had no knowledge of keeping of the said

Patna High Court Cr.Misc. No.45163 of 2018 (02) dt.25-07-2018 liquor in the vehicle and was travelling in it taking lift from its driver. He has been falsely implicated in this case at the instance of his enemy. He has no criminal antecedent and has been languishing in custody since 28.06.2018.

In the facts and circumstances of the case, 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 Additional Sessions Judge-II-cum-Special Judge Excise, Purnea in connection with K. Hat (Maranga) P.S. Case No.441 of 2018 (Special Case No.621 of 2018).

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