Harendra Paswan @ Tunni Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29283 of 2020 Arising Out of PS. Case No.-81 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== 1.

HARENDRA PASWAN @ TUNNI PASWAN S/o Sheodhari Paswan Resident of Village-Rampur Milki, P.S. and District-Vaishali. 2.

Ram Nath Rai S/o Ganga Rai Resident of Village-Dumduma, P.S. and District-Vaishali.

3.

Dilip Rai S/o Panchchi Rai @ Panchu Rai Resident of Village-Dumduma, P.S. and District-Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Sinha For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Vaishali P.S. Case No. 81 of 2020, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2018. 255.230 litres of foreign liquor and 250 litres of spirit are said to have been recovered from open field and it is alleged

Patna High Court CR. MISC. No.29283 of 2020(2) dt.09-12-2020 2/2 that the field belong to these petitioners.

It is submitted that petitioners have falsely been implicated in this case. Nothing has been recovered from conscious possession of these petitioners. The field in question does not belong to these petitioners. Petitioners have got clean antecedent, as stated in para 3 of the petition. Considering the facts aforesaid, the petitioners abovenamed in the event of their arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cumExcise Court, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 81 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T