Subhash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21552 of 2020 Arising Out of PS. Case No.-609 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

Subhash Paswan (Male) aged a bout 42 years, son of Late Bansi Paswan 2.

Chandan Paswan (Male) aged about 22 years, son of Subhash Paswan Resident of Village-Nonia Kotar, Ward No.1, P.S.-Paharpur, District-East Champaran at Motihari.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Radha Mohan Singh, Advocate For the Opposite Party :

Mr. Mritunjay Gautam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-07-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners are apprehending arrest in connection with Excise Case No. 609 of 2018 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that petitioner no. 1 is the father of petitioner no. 2 and they have been made accused in the instant case where there is recovery of 150 litres of raw spirit and 80 litres of country made liquor and utensils used for manufacturing the liquor. Learned counsel submits that nothing was recovered from the field of the petitioners and FIR does not mention plot number and khata

Patna High Court CR. MISC. No.21552 of 2020(2) dt.24-07-2020 2/2 number to connect the petitioners with the place where liquor was seized.

Considering the fact that the petitioners have no criminal antecedents, the Court is inclined to grant bail to them subject to the condition that the petitioners have to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioners, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of 9th Additional Sessions Judge-cum-Special Judge (Excise Act), Motihari, East Champaran in connection with Excise Case No. 609 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T