Ghulat Paswan @ Ram Lal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32079 of 2023 Arising Out of PS. Case No.-162 Year-2022 Thana- ANDHRATHARHI District- Madhubani ====================================================== 1.

Ghulat Paswan @ Ram Lal Paswan Son Of Khatar Paswan Resident Of Village Gangdwar, Ps Andharatharhi, District Madhubani 2.

Sutur Paswan Son Of Khatar Paswan Resident Of Village Gangdwar, Ps Andharatharhi, Dist Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shivnandan Bharti For the Opposite Party/s :

Ms.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Excise Act, 2018. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 05 litres of liquor from a place behind the houses of the petitioners.

The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession. It is next submitted

Patna High Court CR. MISC. No.32079 of 2023(2) dt.24-05-2023 2/2 that even the alleged recovery is from a place, which do not belong to the petitioners and they came to be implicated merely because recovery was from a place, which was near the houses of the petitioners, when admittedly petitioners are persons with clean antecedent.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Jhanjharpur, Madhubani in connection with Andharatharhi P. S. Case No.162 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T