Santan Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3892 of 2019 Arising Out of PS. Case No.-658 Year-2018 Thana- SHERGHATI District- Gaya ======================================================

1. Santan Paswan Son of Kapil Paswan

2. Anil Sao Son of Ayodhya Sao Both are Resident of village- Banka, P.S.- Hunterganj, District- Chatra (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mrs.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioners. Petitioners are in custody in connection with Sherghati PS Case No. 658 of 2018 for the alleged offence punishable under Section 414/34 of the Indian Penal Code and Section 30(d) of the Bihar Excise Amendment Act, 2016. Learned counsel for the petitioners submits that petitioners have no criminal antecedent. They are in custody since 12.12.2018 in connection with seizure of total 22 quintal of Mahua flower. Petitioners are driver and cleaner of the vehicle and have no concern with the Mahua flower. He submits that Mahua flower is used as alternative fodder.

Patna High Court Cr.Misc. No.3892 of 2019(2) dt.25-01-2019 2/2 Considering the fact that petitioners have no criminal antecedent and they are in custody since 12.12.2018, this application is allowed. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Special Excise Judge, Gaya in connection with Sherghati PS Case No. 658 of 2018.

(Anil Kumar Upadhyay, J) mrl./- U T