Domi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41794 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -BIHRA District- SAHARSA ======================================================

1. Santosh Paswan, Son of Domi Paswan.

2. Suman Paswan, Son of Domi Paswan.

3. Hira Paswan, Son of Domi Paswan.

4. Shrawan Paswan, Son of Gyani Paswan All resident of village - Douraghat, Barsher, Ward No.2, P.S.-Bihra, District-Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.41914 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -BIHRA District- SAHARSA ====================================================== Domi Paswan, Son of Kunai Paswan @ Kulai Paswan, resident of village - Barahsher, Ward No.2, P.S.-Bihra, District-Saharsa. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.41794 of 2018) For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Sri Ashok Kumar (In Cr.Misc. No.41914 of 2018) For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Sections 30(a) and 30 (d) of the Bihar Prohibition and Excise Act, 2016.

20 litres of country made liquor and 500 grams of

Patna High Court Cr.Misc. No.41794 of 2018 (2) dt.12-07-2018 2/2 yeast meant for brewing liquor are said to have been recovered from the house of the petitioners and the petitioners were apprehended.

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 with the seized articles. They have been falsely implicated in the case at the instance of their enemies by planting aforesaid recovery from their house. The house of the petitioners is inhabited by several family members. Though one more criminal case has been lodged against all the petitioners barring the petitioner Santosh Paswan, but they are on bail in the aforesaid case. They have been languishing in custody since 16.05.2018 Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Saharsa in connection with Bihara P.S. Case No. 97 of 2018, Spl. Case No. 277/18.

(Prakash Chandra Jaiswal, J) Mishra/- U T