Jeetendra Paswan @ Jitendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35861 of 2021 Arising Out of PS. Case No.-529 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== 1.
JEETENDRA PASWAN @ JITENDRA PASWAN S/o Sukhai Paswan R/o village- Bhatandi, P.S.- Sakra, District- Muzaffarpur 2.
NEERAJ KUMAR SINGH @ NEERAJ KUMAR S/o Mithlesh Singh R/o village- Pithauri, P.S.- Dhurba, District- Ranchi (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajeet Bhushan For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2022 Heard learned counsel for the parties through video conferencing.
Petitioners seek regular bail in connection with Sakra P.S. Case No. 529 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case in brief is that Police got information that the co-accused / Sajjan Mishra and Nitish Kumar have kept illicit liquor in their house, proceeded towards the place of occurrence and upon seeing police party the accused persons started fleeing away however, after chase Police arrested two persons namely, Sajjan Mishra and Nitish Kumar. The Police recovered a total quantity of 614.520 liters of illicit liquor from
Patna High Court CR. MISC. No.35861 of 2021(2) dt.05-01-2022 2/3 the house of Sajjan Mishra. The arrested accused persons disclosed the name of three persons who succeeded in fleeing away as Sujit Kumar, Bablu Kumar and Fauji @ Jhagadu and the said Bablu Kumar further disclosed the name of the petitioners.
Learned counsel for the petitioners submits that petitioners have got no criminal antecedent and they have falsely been implicated merely because their name has been disclosed by the arrested co-accused person. He further submits that Sajjan Mishra from whose house illicit liquor was recovered has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 13312 of 2021, petitioners are in custody since 01/03/2021 and charge sheet has already been submitted. 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 01-03-2021 having no criminal antecedent and the co-accused from whose house illicit liquor has been recovered has been granted bail, 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
Patna High Court CR. MISC. No.35861 of 2021(2) dt.05-01-2022 3/3 each to the satisfaction of learned Special Judge Excise, Muzaffarpur in connection with Sakra P.S. Case No. 529 of 2020.
(Anil Kumar Sinha, J) praful/- U T