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Patna High CourtCR. MISC./11102/2020allowed

Rangila Paswan v. The State Of Bihar

2020-03-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11102 of 2020 Arising Out of PS. Case No.-245 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.

RANGILA PASWAN Son of Surendra Paswan Resident of Village - Semra Tola, P.S.- Sasaram (M), Distt - Rohtas 2.

Karan Paswan Son of Surendra Paswan Resident of Village - Semra Tola, P.S.- Sasaram (M), Distt - Rohtas ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

5 liters of country made liquor is said to have been recovered from a plastic bag from the bank of Kao river. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or any trade of liquor or the place of recovery. They were not apprehended at the spot. They have been falsely implicated in the case merely on suspicion. The place of recovery is an open place and easily

Patna High Court CR. MISC. No.11102 of 2020(2) dt.03-03-2020 2/2 accessible to anyone. They have no criminal antecedent. Petitioners are agreed to deposit Rs.2000.00 (Rupees Two Thousand) in the Juvenile Justice Fund of the State Social Welfare Department, bearing Saving Account No.35094613009 of the State Bank of India.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2ndAdditional Sessions Judge-cum-Special Judge, Excise Act, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No.245 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.2000 (Rupees Two Thousand) in the Juvenile Justice Fund of the State Social Welfare Department.

(Anjani Kumar Sharan, J) Trivedi/- U T