Allowed

Rakesh Paswan @ Baba v. The State of Bihar

Patna HC28 Jun 2019CR. MISC./30844/2019

Case brief

AI extract

What is this about?

The Patna High Court granted bail to a petitioner in a bailable and non-bailable offence case involving seizure of 245.160 liters of wine. The court considered the lack of criminal antecedents, no witness tampering allegations, and procedural lapses regarding joint house recovery, ordering release upon furnishing bail bonds and sureties.

What did the court decide?

Let the petitioner be released on bail on furnishing bonds of Rs.10,000/- with two sureties of like amount each to the District Judge.

Rakesh Paswan @ Baba Vs The State of Bihar — Corruption | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30844 of 2019

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Arising Out of PS. Case No.-54 Year-2019 Thana- BIBHUTIPUR District- Samastipur

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======================================================

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RAKESH PASWAN @ BABA, aged about 32 years, Male, S/o Singheshwar Paswan, R/o village- Bibhutipur Kali Ashtan, P.S.- Bibhutipur, DistrictSamastipur.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Lakshmindra Kumar Yadav, Advocate. For the Opposite Party : Mrs.Pushpa Sinha, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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3 28-06-2019 Heard learned counsel for the petitioner and learned

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counsel for the State.

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The petitioner is languishing in custody since 08.03.2019 in a case for the offence registered under Sections 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution story, in brief, is that total 245.160 liters wine is said to have been recovered.

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It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

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Patna High Court CR. MISC. No.30844 of 2019(3) dt.28-06-2019 2/2

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present case. It is alleged that total 245.160 liters wine is recovered from joint house of the petitioner. The name of the petitioner has come in the present case on the basis of alleged recovery made from joint house of the petitioner where other family members also reside. There is no compliance of Section 100 Cr. P.C.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

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Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.IInd-cum-Special Judge, Excise, Samastipur, in connection with Bibhutipur P.S. Case No. 54/2019 .

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(Sudhir Singh, J)

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U.K./-

Rakesh Paswan @ Baba v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Paswan @ Baba v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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