Mohan Paswan And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.31284 of 2016 (2) dt.12-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31284 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Mohan Paswan, S/O Jhapsi Paswan, Resident of Dhankutwa, P.S.- Balthar, District- West Champaran.
2. Ashok Paswan, S/O Badari Paswan, Resident of Dhankutwa, P.S.- Balthar, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s Sri R.P.S. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 12.08.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.
Petitioners seek bail in a case registered under section 307 and other minor sections of the Indian Penal Code and sections 47 (a), 61 of the Bihar Excise (Amendment) Act.
It is alleged that petitioner no.2 and co- accused Navneet Mishra were caught by the informant while they were carrying 10 liter country made liquor kept in five bottles but in the meantime, more than 50 persons including petitioner no.1 attacked on the police party and got released apprehended persons.
The submission on behalf of the petitioners is that nothing was recovered from the possession of petitioner no.2 and, as a matter of fact, he was illegally caught by the police upon which the villagers made protest and thereafter, police released him and lodged the
Patna High Court Cr.Misc. No.31284 of 2016 (2) dt.12-08-2016 present case with exaggerated story.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah in Balthar P.S. Case no. 40/2016. shahid (Hemant Kumar Srivastava,J) U T