Mohan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5035 of 2022 Arising Out of PS. Case No.-288 Year-2021 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== 1.

Mohan Paswan S/O Late Gonu Paswan Resident Of Village- Balha, P.S.- Pandaul, Dist.- Madhubani 2.

Santosh Paswan S/O Mohan Paswan Resident Of Village- Balha, P.S.- Pandaul, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners seek bail in Town P.S. Case No. 288 of 2021, registered for the offence punishable punishable under Sections 272, 273, 34 of the Indian Penal Code and section 30(a)/41 of the Bihar Prohibition and Excise Act, 2016. 84.660 litres of foreign liquor has been recovered from a tempo of which petitioner no. 1 owner and petitioner no. 2 is driver of the said tempo.

It is submitted that no recovery has been made from conscious possession of petitioners. Petitioners have got no concern with the seized liquor. Petitioner no. 1 is in custody

Patna High Court CR. MISC. No.5035 of 2022(2) dt.04-04-2022 2/2 since 20.12.2021 and petitioner no. 2 is in custody since 22.12.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioners bear clean antecedent, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge Excise Act, Madhubani in connection with Town P.S. Case No. 288 of 2021. (Prabhat Kumar Singh, J) vinita/- U T