Vishwanath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23591 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- DHAKA District- East Champaran Vishwanath Paswan, son of Late Ramlal Paswan, resident of village-Naya Tola Dhaka, Police Station-Dhaka, District-East Champaran ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mrs. Rashmi Jha, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-04-2018 Heard Smt. Rashmi Jha, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Dhaka P.S. Case No.31 of 2018 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender. By way of referring to the F.I.R., it was submitted by learned counsel for the petitioner that nothing was recovered from the conscious possession of the petitioner nor anything was recovered from the house of the petitioner. In the case, recovery was shown to be affected from an area, where sand was kept and in the said sand, Nepali country made liquor was concealed. It was submitted that the petitioner has no concern with the said sand, where recovery of Nepali country made

Patna High Court Cr.Misc. No.23591 of 2018(2) dt.23-04-2018 2/2 liquor was shown. Besides this, learned counsel for the petitioner has also drawn my attention to the statement made in paragraph-3 of the petition to show that the petitioner is having clean antecedent.

Learned Addl. Public Prosecutor has opposed the prayer for bail.

Considering the fact that nothing was recovered either from the conscious possession of the petitioner or from the house of the petitioner as well as clean antecedent of the petitioner, let the petitioner, namely, Vishwanath Paswan, in the event of his arrest or surrender within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, East Champaran in connection with Dhaka P.S. Case No.31 of 2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T