Rameshwar Paswan @ Ramesuwar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38567 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- VAISHALI District- Vaishali ====================================================== 1.
Rameshwar Paswan @ Ramesuwar Paswan S/O Late Dayali Paswan R/O Village Phuladh, P.S. Vaishali, District-Vaishali at Hajipur 2.
Lakshmikant S/OPrabhu Bhagat R/O Village-Simra, P.S. Vaishali, DistrictVaishali at Hajipur 3.
Shrawan Kumar S/O Jangbahadur Paswan R/O Village Phuladh, P.S. Vaishali, District-Vaishali at Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudha For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Counsel for the petitioner submits that in Paragraph 16 and 17 of the bail application, the "District and Sessions Judge, Vaishali" has wrongly been typed in place of "Additional District and Sessions Judge, Vaishali".
3. As such, it is directed to the counsel for the petitioner to make necessary correction in the Court today itself, during the course of the day.
4. The petitioners seeks regular bail in connection with Vaishali P.S. Case No. 88 of 2024 lodged on 11.03.2024 under Section 30(a) of the Excise Act.
5. As per the prosecution case, F.I.R. has been lodged against eight named accused persons including the present
Patna High Court CR. MISC. No.38567 of 2024(2) dt.27-05-2024 2/3 petitioner against whom there is an allegation of recovery of total 103.68 litre of illicit foreign liquor.
6. Learned counsel for the petitioners submits that the petitioners are innocent and has committed no offence. Counsel also submits that the alleged recovery has been alleged to be made from the house of the petitioners along with pouch packing machine. Counsel submits that antecedent of the petitioners are clean and they are in custody since 12.03.2024. He further submits that from the seizure list, the place of seizure has been shown only from the village.
7. Learned APP for the State opposes the prayer for bail and submits that from the content of the F.I.R. it is crystal clear that the alleged recovery has been made from the house of the Petitioner No. 1.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail two months after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Prohibition and Excise Court-II-Cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Vaishali P.S. Case
Patna High Court CR. MISC. No.38567 of 2024(2) dt.27-05-2024 3/3 No. 88 of 2024 subject to the condition laid down under Section 437(3) of the Cr.P.C.
(Dr. Anshuman, J) Sunnykr/- U