Dablu Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6659 of 2017 Arising Out of PS.Case No. -712 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Dablu Paswan, Son of Mahendra Paswan,

2. B.K. Paswan, Son of Suresh Paswan, Both residents of village - Khairi, Police Station Khagaria ( Gangour ), District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-02-2017 Heard learned counsels for the petitioners and the State.

The petitioners, who are in custody, seek bail in connection with Khagaria (Gangaur) P.S.Case No. 712 of 2016 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 Allegation in brief is that two bottles of Mahua liquor were recovered from one co-accused Baunu Sada, who disclosed that these bottles were given to him as remuneration in lieu of working in the field of these two petitioners. It is further alleged that the police recovered approximately 15 liters of soaked Mahua kept in two containers lying in a hut at the back of the house of the petitioner no. 2.

Patna High Court Cr.Misc. No.6659 of 2017 (2) dt.15-02-2017 2/2 It is submitted that there is no material agasint the petitioners except the disclosure of Baunu Sada that 02 bottles of Mahua liquor were handed over by these two petitioners and recovery of soaked Mahua is not from the conscious possession of the petitioner no. 2, as it was not recovered from inside of his house rather it was recovered from a hut at the back of his house and the petitioners have no criminal antecedent. Having considered the aforesaid facts and circumstances, the petitioners, named above, are directed to be released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 712 of 2016. (Arun Kumar, J) Sujit/- U