Raja Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19867 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- DEODHA District- Madhubani ====================================================== 1.

RAJA KUMAR PASWAN Son Of Pramod Paswan @ Ramprabodh Paswan Resident Of Village - Kasiyauna, P.S. - Rajnagar, Distt. - Madhubani 2.

INDRAJEET KUMAR @ AMARJEET KUMAR Son Of Rambilas Ram Resident Of Village - Mainatol, P.S. - Khajauli, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-05-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioners seek regular bail in connection with Deodha P.S. Case No 15 of 2023, dated 05.02.2023 registered for the offences punishable under Sections 272, 273, 414, and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3.The main submissions advanced by petitioners' counsel are that the instant matter relates to the recovery of 90 litres of Nepali Wine and the same is stated to have been recovered from the possession of both the petitioners but the said recovery has wrongly been shown from the possession of

Patna High Court CR. MISC. No.19867 of 2023(2) dt.10-05-2023 2/2 these petitioners, as per allegation, recovery was made on a road near a railway gumti at 2:00 PM in the day but no independent person was made witness of the recovery of the alleged wine and moreover against the petitioners, investigation has been completed and they have been languishing in jail since 06.02.2023 having fair and clean antecedent.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly petitioners' young age and their fair and clean antecedent and completion of investigation against them, in my opinion it is a fit case for bail to the petitioners. Accordingly, let both the petitioners named-above be enlarged on 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 concerned Court in connection with Deodha P.S. Case No 15 of 2023. (Shailendra Singh, J.) maynaz/- U T