Pola Paswan @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13495 of 2023 Arising Out of PS. Case No.-382 Year-2022 Thana- MOKAMAH District- Patna ====================================================== 1.

POLA PASWAN @ NITESH KUMAR Son of Sadanand Paswan R/vSisauni, Mokama Ghat, P.S.- Mokama, District- Patna 2.

RITESH KUMAR PASWAN @ RAMTIRATH KUMAR @ RETESH PASWAN Son of Sadanand Paswan R/v- Sisauni, Mokama Ghat, P.S.- Mokama, District- Patna ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Anil Kumar Singh, Advocate For the Opposite Party :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section-30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

The prosecution case, in short, is that 58 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that

Patna High Court CR. MISC. No.13495 of 2023(2) dt.29-04-2023 2/2 58 liters wine is recovered from an e-Rickshaw. The e-Rickshaw, in question does not belong to the petitioners. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioners has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Barh, Patna in connection with Mokama P.S. Case No. 382 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T