Binod Paswan @ Vinod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28432 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- GAMAHARIYA District- Madhepura ====================================================== 1.

BINOD PASWAN @ VINOD PASWAN S/o Gasai Paswan, Resident of Village- Kanuwa Ghordhiyari (Kanhuwa Godhiyari) Tola- Satyanarayanpur, Ward No. 1, P.S.- Gamhariya, District- Madhepura. 2.

Om Prakash Paswan, Son of Rajendra Paswan, Resident of Village- Kanuwa Ghordhiyari (Kanhuwa Godhiyari) Tola- Satyanarayanpur, Ward No. 1, P.S.- Gamhariya, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-04-2019 Heard both sides.

The petitioners apprehend their arrest in Gamhariya P.S. case No. 93 of 2018 registered under Section 30(a) of the Bihar Prohibition & Excise Act.

The S.H.O. of Gamhariya P.S., got information that liquor was kept in the husk house of Harilal Paswan. On such a raid was conducted and from the husk house of Harilal Paswan 259 liters of Nepali liquor was recovered. The informant got information that Harilal Paswan, Binod Paswan, petitioner No.1, Om Prakash Paswan, petitioner No.2, and Dhaniklal Yadav are also involved in the illegal trade of liquor. The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.28432 of 2019(2) dt.30-04-2019 2/2 petitioners have got no criminal antecedent. They have falsely been implicated in the case at the instance of police. Nothing has been recovered from the house or possession of the petitioners.

Considering the facts aforesaid and nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhepura in connection with Gamhariya P.S. case No. 93 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T