Mukesh Paswan @ Mukesha Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45881 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- KHODABANDPUR District- Begusarai ====================================================== Mukesh Paswan @ Mukesha Paswan S/o Ram Bahadur Paswan, R/o VillageKhodawandpur, P.S. Khodawandpur, Distt-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mr. Malay Kumar Choudhary Mr. Ashtiyaque Ahmad For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Khodawandpur P.S. Case no. 43 of 2018 registered under Section 30(a) of Bihar Excise and Prohibition Act-2016. 243 lts. of foreign liquor is said to have been recovered from in front of the field of Jitendra Jha and coaccused, namely, Ranbir Kumar was apprehended from the said place, who disclosed the name of the petitioner as owner of the said liquor.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.45881 of 2018(2) dt.27-07-2018 2/2 physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery. He has been falsely implicated in this case by the apprehended accused due to animosity. Barring the aforesaid disclosure of apprehended accused, there is nothing in the record indicating complicity of the petitioner in the occurrence. He was not apprehended on the spot. There is no compliance of Section 100 Cr.P.C. Though, several other criminal cases have been lodged against the petitioner, but he is on bail in the said cases. He has been languishing in custody since 23.06.2018.

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 Addl. Sessions Judge-II-cum-Special Judge (Excise), Begusarai in connection with Khodawandpur P.S. Case no. 43 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T