Shyam Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33738 of 2020 Arising Out of PS. Case No.-259 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Shyam Paswan, aged about 55 years, (Male), Son of Late Vishnu Paswan, resident of village- Ramsalla, P.S.- Sadar, District- Darbhanga. 2.

Prem Lal Paswan, aged about 32 years, (Male), Son of Late Shatrughan Paswan, resident of village- Ramsalla, P.S.- Sadar, District- Darbhanga. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sunil Kumar Karn, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

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

The petitioners are apprehending their arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 20 liters wine is said to have been recovered from the three different places of the petitioners.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.33738 of 2020(2) dt.26-02-2021 2/3 petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 20 liters wine is recovered from the three different places of the petitioners. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (Excise Act), Darbhanga, in connection with G.O.Case No. 633/2020, arising out of Darbhanga Sadar P.S. Case No.

Patna High Court CR. MISC. No.33738 of 2020(2) dt.26-02-2021 3/3 259/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T