Sikandar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10632 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

Sikandar Paswan Son Of Yogendra Paswan R/V- Ibrahimpur, P.S.- Bahera, Dist- Darbhanga 2.

Salit Paswan Son Of Late Mangal Paswan R/V- Sajuwar, P.S.- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners prayed for regular bail in connection with Phulwariya P.S. Case no. 11 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 229.14 liter foreign made liquor from a Maruti Suzuki car bearing Reg. No. DL-3CAZ-4585 after that this case has been lodged. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and

Patna High Court CR. MISC. No.10632 of 2023(2) dt.18-04-2023 2/3 have committed no offence. They have falsely been implicated in this present case. Petitioners have no concern with the alleged recovery nor vehicle in question belongs to them. No any incriminating article has been recovered from their conscious possession. The petitioners are languishing in judicial custody since 12.01.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioners are directed to deposit a sum of Rs 10,000/- (Ten Thousand) each in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Phulwariya P.S. Case No. 11 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise-I, Gopalganj. The bail bonds of the petitioners shall be accepted

Patna High Court CR. MISC. No.10632 of 2023(2) dt.18-04-2023 3/3 by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) each by the petitioners in the account of the concerned DLSA. (Sunil Kumar Panwar, J) Manish/- U T