Mukesh Paswan @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.779 of 2020 Arising Out of PS. Case No.-99 Year-2019 Thana- SAHIYARA District- Sitamarhi ====================================================== MUKESH PASWAN @ MUKESH KUMAR Son of Mahanth Paswan Resident of Village- Purnahiya, P.S.- Sahiyara, Distt- Sitamarhi. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Pushpendra Kumar Singh, Advocate.

For the State :

Mr. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sahiyara P.S. Case No.99 of 2019 registered under Sections 188, 272 and 273 of the Indian Penal Code besides Sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving the secret information about carrying the liquor by Rajiv Paswan and Mukesh Paswan (petitioner) in village-Purnahiya and keeping the same by Rajiv Paswan at the hut of his father Santu Paswan, the informant along with other police personnel reached at the house of Rajiv Paswan. On seeing the police vehicle, three persons started to flee away but, on chase, Santu Paswan, the father of Rajiv Paswan, was apprehended while two succeeded to flee away. Santu Paswan,

Patna High Court CR. MISC. No.779 of 2020(2) dt.21-01-2020 2/2 disclosed the name of the persons, who succeeded to flee away, as Rajiv Paswan and Mukesh Paswan (petitioner). On search of the hut of Santu Paswan, 8 cartoons, each containing 30 bottles of 300 ml. Safi and 23 bottles, each containing 180 ml. Indian Made Foreign Liquor, were recovered. A motorcycle was also found parked there from the dicky of which 7 bottles, each containing 750 ml. Indian Made Foreign Liquor were recovered.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case on mere suspicion. The petitioner is accused in one more case of similar nature, as detailed in paragraph-3 to this application, in which he is on bail. In the present case, the petitioner is in custody since 25.11.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Sahiyara P.S. Case No.99 of 2019. (Rajendra Kumar Mishra, J) P.S./- U T