Dharmendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18432 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- DHAKA District- East Champaran ====================================================== 1.
Dharmendra Paswan Son Of Vilas Paswan R/O Village- Rajepur Ward No.1, P.S.- Dhaka, District- East Champaran 2.
Sharada Devi Wife Of Vilas Paswan R/O Village- Rajepur Ward No.1, P.S.- Dhaka, District- East Champaran 3.
Dewanti Devi Wife Of Mangal Paswan R/O Village- Rajepur Ward No.1, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar, Advocate For the Opposite Party/s :
Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-05-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 132.900 liters wine is recovered.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this
Patna High Court CR. MISC. No.18432 of 2023(2) dt.10-05-2023 2/3 case. The names of the petitioners have transpired in this case on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 132.900 liters wine is recovered from the open field situated by the side of the joint house of the petitioners. The open field in question does not belong to the petitioners. The petitioners had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioners. 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 complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or 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/- (Rupees ten thousand) with two sureties of
Patna High Court CR. MISC. No.18432 of 2023(2) dt.10-05-2023 3/3 the like amount each to the satisfaction of learned Court below/concerned Court in connection with Dhaka P.S. case No.25 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T