Vaishali Paswan @ Vaisakhi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18491 of 2019 Arising Out of PS. Case No.-221 Year-2018 Thana- FATUA District- Patna ====================================================== 1.

Vaishali Paswan @ Vaisakhi Paswan, Male, aged about 51 Years, Son of Bhanu Paswan, Resident of Village - Thegua, P.S.- Fatuha, Distt.- Patna. 2.

Rudal Paswan, Male, aged about 30 Years, Son of Nathun Paswan @ Narsinh Das Resident of Village - Thegua, P.S.- Fatuha, Distt.- Patna. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Tilak Sao, Advocate.

For the Opposite Party :

Mr.Suman Kumari Singh, A.P.P.

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

The prosecution story, in brief, is that total 20 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged

Patna High Court CR. MISC. No.18491 of 2019(2) dt.29-03-2019 2/3 against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 20 liters wine is recovered from abandoned hut of Bocha Gope. The name of the petitioners has come on the basis of secret information as per F.I.R. The source and genuineness of 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. 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. On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds 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, Patna, in connection with Special Case No. 3592/2018, arising out of Fatuha P.S. Case No.

Patna High Court CR. MISC. No.18491 of 2019(2) dt.29-03-2019 3/3 the Code of Criminal Procedure.

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