Guddu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25674 of 2020 Arising Out of PS. Case No.-461 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== Guddu Paswan S/O Banai Paswan R/O Village - Subhai (Sohar), P.S. - Vaishali, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rina Sinha, Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-10-2020 Heard Ms. Rina Sinha learned counsel for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Vaishali P.S. Case No. 461 of 2019 dated 27.12.2019 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

It has been submitted on behalf of the petitioner that there is no recovery of liquor from the possession of the petitioner. In fact, the recovery is from the dilapidated house of one Rajendra Rai. Only because the name of the petitioner was taken by some of the villagers that he also dealt with liquor, he has been made accused in this case. The other case in which the petitioner has been made accused is because of the fact

Patna High Court CR. MISC. No.25674 of 2020(2) dt.13-10-2020 2/2 that the villagers had protested against the high handed behaviour of the police party which had come to waive in the village. The implication of the petitioner in this case is because of local politics as his father had contested elections in the past.

Apart from the present case as well as the case about which reference has been made in paragraph-3 of the bail petition, the petitioner has not been made accused in any case.

Considering the aforestated facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-II-cumExcise Court, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 461 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T