Kailash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43728 of 2021 Arising Out of PS. Case No.-101 Year-2021 Thana- SAKRI District- Madhubani ====================================================== 1.

Kailash Paswan S/o Mohan Paswan Resident of Sohray Sadai Tola, P.S. - Sakri, District- Mdhubani.

2.

Indresh Paswan @ Idres Paswan S/O Mohan Paswan Resident of Sohray Sadai Tola, P.S. - Sakri, District- Mdhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Krishna Pd.Singh,Sr.Adv.

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

01-11-2021 Heard learned counsel for the parties.

The petitioners seek bail in G.R. No. 914 of 2021, arising out of Sakri P.S. Case No. 101 of 2021, registered for the offence under Section 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act. 1097 liters of illicit foreign liquor has been recovered from the house of the petitioner no. 1 and petitioner no. 2 was arrested on spot.

It is submitted on behalf of petitioners that nothing has been recovered from the conscious possession of the petitioners. The recovery has been made from the house, which is in joint possession of the family. Petitioners have got clean

Patna High Court CR. MISC. No.43728 of 2021(2) dt.01-11-2021 2/2 antecedent and they are in custody since 05.06.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation, period of custody and clean antecedent of the petitioners, the bail petition of petitioners is allowed. Let the above named petitioners be released 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 learned Addl. Sessions Judge - IInd cum Special Judge, Excise Act, Madhubani in connection with G.R. No. 914 of 2021, arising out of Sakri P.S. Case No. 101 of 2021. (Prabhat Kumar Singh, J.) anay U T