Deep Narayan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11543 of 2020 Arising Out of PS. Case No.-39 Year-2019 Thana- KEWATI District- Darbhanga ====================================================== 1.

DEEP NARAYAN PASWAN S/o Late Dineshwar Paswan R/o villageRamsalla, P.S.- Sadar, District- Darbhanga 2.

Kaleshwar Paswan @ Kaleshr Paswan S/o Late Jugeshwar Paswan R/o village- Ramsalla, P.S.- Sadar, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in connection with G.O. Case No. 275 of 2019, arising out of Keoti P.S. Case No. 39 of 2019, for the offence under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2016.

In the instant case total 139.95 litres of foreign liquor was seized.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent. He further submits that the liquor was seized from the shop of Mithun Kumar. He further submits that nothing was recovered from the conscious possession of the petitioners or their house and the name of the

Patna High Court CR. MISC. No.11543 of 2020(2) dt.04-03-2020 2/2 petitioners was disclosed by Mithun Kumar, from whose shop the liquor was recovered.

Considering the fact that the petitioners have got no criminal antecedent and nothing was seized from the conscious possession of the petitioners, the petitioners named above, in the event of arrest or surrender before the court below within one month from today, are directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Darbhanga in connection with G.O. Case No. 275 of 2019, arising out of Keoti P.S. Case No. 39 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) uday/- U