Nilendu Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33519 of 2021 Arising Out of PS. Case No.-119 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== 1.

NILENDU KUMAR PASWAN Son of Sajjan Paswan Resident of Village - Jagatpur, Ward no. 05, P.S.- Rahika, Dist.- Madhubani 2.

Rupesh Kumar Paswan Son of Dukhram Paswan Resident of Village - Jagatpur, Ward no. 05, P.S.- Rahika, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard learned counsel for the parties.

Petitioners seek regular bail in connection with G.O. Case No. 119 of 2021 registered for the offence under Section 30(a) and 32 (3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

A Maruti Suzuki vehicle was intercepted by the Police and the persons sitting therein started fleeing away. However, the Police arrested the petitioners and one of the accused person namely Chandan Chaudhary succeeded in fleeing away away. A total quantity of 306 liters of Nepali liquor has been recovered from the said car.

Learned counsel for the petitioners submits that petitioners are neither the owner of the car nor its driver. He further submits that the owner of the car is Chandan Chaudhary, who fled away from the place of occurrence. The petitioners are

Patna High Court CR. MISC. No.33519 of 2021(2) dt.20-12-2021 2/2 in custody since 23/03/2021 having no criminal antecedent, charge sheet has already been submitted and there is no likelihood that the petitioners will abscond or tamper with the evidence if released on bail.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioners are in custody since 23-03-2021 , they are not the owner of the car in question, charge sheet has already been submitted and there is no likelihood that petitioners will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum Special Judge Excise Act Madhubani in connection with G.O. Case No. 119 of 2021.

(Anil Kumar Sinha, J) praful/- U T