Rambabu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37788 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- DHANKUND District- Banka ====================================================== 1.
Rambabu Paswan S/O- Devshankar Paswan Resident of Village - Rukundpur, P.S.- Tisiota, Dist.- Vaishali 2.
Naveen Kumar @ Naveen Kumar Sahni S/O- Rampravesh Sahni Resident of Village - Rukundpur, P.S.- Tisiota, Dist.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in Dhankund P.S. Case No. 26 of 2024, corresponding to Special Excise Case No. 180 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 5097.5 liters liquor was recovered from truck and both the petitioners were apprehended on spot.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered
Patna High Court CR. MISC. No.37788 of 2024(2) dt.16-05-2024 2/3 from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that petitioner no. 1 is driver and petitioner no. 2 is co-driver of the vehicle and both of them have no knowledge regarding the goods loaded in the vehicle. The petitioners are in custody since 24.03.2024 and have got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhankund P.S. Case No. 26 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.37788 of 2024(2) dt.16-05-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T