Rambabu @ Rambabu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28435 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== 1.

RAMBABU @ RAMBABU PASWAN S/O LATE TURANTU PASWAN Resident of Village- Raiyam Kothi, P.S.- Raiyam, District- Darbhanga. 2.

SHAMBHU NATH PASWAN @ SHAMBHU PASWAN S/O LATE DAHAUR PASWAN Resident of Village- Mithanpura, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-05-2023 1.

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

2.

Petitioners seek regular bail in connection with Dhanha P.S. Case No.40 of 2023 dated 28.02.2023 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioners are that the instant matter relates to the recovery of 630 litres of english wine from a pick up vehicle and though the petitioners are stated to have been arrested from the said vehicle at the time of recovery but in actual they were bonafidely present in the said vehicle and as per FIR the main accused is Shivnath Paswan who is alleged to be indulged in smuggling of the illicit wine and the said vehicle was being taken

Patna High Court CR. MISC. No.28435 of 2023(2) dt.17-05-2023 2/2 at his order and petitioner No.1 was not the permanent driver of the said vehicle at the time of recovery. Further submissions are that both the petitioners have been languishing in jail since 28.02.2023 and the alleged wine was not recovered from the conscious possession of these petitioners and petitioner No.2 is a labourer and both the petitioners have fair and clean antecedent and against them the investigation has been completed. 4.

Per contra, learned APP appearing for the State has vehemently opposed the prayer for bail. 5.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record and also the completion of investigation against the petitioners, I deem it fit and proper to admit the petitioners to the privilege of bail.

6.

Accordingly, let the petitioners named-above be enlarged on bail in connection with Dhanha P.S. Case No.40 of 2023 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T