Kanhaiya Paswan @ Kanhai Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33174 of 2019 Arising Out of PS. Case No.-261 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Kanhaiya Paswan @ Kanhai Paswan Son of Jamidar Paswan @ Jimdar Paswan Resident of Village - Fatehpur Akara, P.S.- Hajipur Sadar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2019 Supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

In the light of the supplementary affidavit, Counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the application in course of the day. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 47(a) and 54 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 1315 liters wine is recovered.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.33174 of 2019(3) dt.01-07-2019 2/2 petitioner is in custody since 21.01.2019. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 1315 liters wine is recovered from the joint house of the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Vaishali, Hajipur in connection with C2 A Case No.261 of 2016. (Sudhir Singh, J) Narendra/- U T