Narayan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7004 of 2022 Arising Out of PS. Case No.-503 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

Narayan Paswan, S/o Late Ram Surat Paswan R/o Village - Pakari Basarat, P.S. - Sahebganj, District - Muzaffarpur.

2.

Sita Paswan, D/o Late Bhajan Paswan R/o Village - Pakari Basarat, P.S. - Sahebganj, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioners seek bail in connection with Sahebganj P.S. Case No. 503 of 2021 registered for the alleged offences under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case is that the police received secret information about the co-accused Fulwatiya Devi and

Patna High Court CR. MISC. No.7004 of 2022(2) dt.15-07-2022 2/3 Shobha Devi for being involved in trade of illicit liquor from their houses, a raid was conducted on the houses of both the accused persons and 25 liters of country made liquor was recovered from the house of each of the co-accused persons. The petitioners were apprehended from the house of co-accused Shobha Devi along with a number of co-accused persons. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. Nothing has been recovered from the possession of the petitioners as the alleged recovery has been made from the house of Shobha Devi. Altogether 9 persons have been made accused for recovery of 25 liters of illicit liquor and a vague allegation has been levelled against the petitioners. The charge sheet has been submitted and the petitioners are in custody since 13.11.2021 and are having clean antecedent.

Learned APP has opposed the prayer for bail.

Having regard to the submissions made hereinabove and considering the fact that the charge sheet has been submitted and the petitioners are in custody since 13.11.2021, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.7004 of 2022(2) dt.15-07-2022 3/3 satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Sahebganj P.S. Case No.503 of 2021, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T