Allowed

Uttam Paswan v. The State of Bihar

Patna HC28 Aug 2019CR. MISC./54233/2019

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner, a truck driver named in an FIR under the Indian Penal Code and Bihar Prohibition and Excise Act, 2016, following recovery of 3555 liters of wine. The court noted the lack of criminal antecedents, absence of witness tampering allegations, and failure to comply with Section 100 Cr.P.C regarding evidence collection.

What did the court decide?

Relief granted: Petitioner to be released on bail on furnishing bonds of Rs. 10,000/- with two sureties of the like amount each.

Uttam Paswan Vs The State of Bihar — Cheque Dishonour | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54233 of 2019

¶2

Arising Out of PS. Case No.-198 Year-2019 Thana- BARACHATTI District- Gaya

¶3

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

¶4

Uttam Paswan Son of Fauzdar Paswan Resident of Mohalla 60/67 F. Road Belgachhiya, P.S.- Liluya, District- Howrah (West Bengal)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Paras Nath For the Opposite Party/s : Mr.Ajay Kumar No. 2 ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

¶11

2 28-08-2019

¶12

Heard learned counsel for the petitioner and learned

¶13

APP for the State.

¶14

The petitioner seeks bail in a case registered under Sections 420, 467, 468, 471 of the Indian Penal Code and Sections 30(a), 38 & 47 of the Bihar Prohibition and Excise Act, 2016.

¶15

The prosecution case, in short, is that 3555 liters wine is recovered.

¶16

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 20-05-2019. Charge sheet in this case has already been submitted. It is alleged that 3555 liters wine is recovered from the truck in question. The

¶17

Patna High Court CR. MISC. No.54233 of 2019(2) dt.28-08-2019 2/2

¶18

petitioner is said to be driver of the truck. The petitioner had no knowledge regarding the nature of goods booked by the transporter. There is no compliance of Section 100 Cr.P.C.

¶19

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

¶20

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 learned Special Judge, Excise, Gaya in connection with Barachatti P.S. Case No. 198 of 2019.

¶21

(Sudhir Singh, J)

¶22

A.K.V.//-

¶23

U T

Uttam Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Uttam Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ganga Kumar Vs The State of Bihar

Megh Nath Ram Vs The State of Bihar

Pradeep Mandal @ Pradeep Manjhi Vs The State of Bihar

Brajesh Yadav Vs The State of Bihar

Sajan Kumar Das @ Sajan Kumar Vs The State of Bihar

Sajan Kumar @ Sajan Kumar Das Vs The State of Bihar