Munna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34098 of 2020 Arising Out of PS. Case No.-229 Year-2020 Thana- CHHATAUNI District- East Champaran ====================================================== MUNNA PASWAN Son of Mahendra Paswan Resident of VillageBariyarpur, Police Station- Chhatauni, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-03-2021 Heard both sides.

The petitioner apprehends his arrest in Chhatauni P.S. Case No.229 of 2020 registered under Sections 270, 272 of the Indian Penal Code and under Sections 30(a) and 41 of Bihar Prohibition and Excise Act.

The police on secret information raided the houses of Paswan Toli and recovered 19 litres of country made liquor behind a hut.

The learned counsel for the petitioner submits that villagers disclosed that the petitioner is the owner of the hut but nothing was recovered from the hut. Liquor was recovered from bricks stacked behind the hut. The place of recovery is an open place.

Taking into consideration the facts that recovery was

Patna High Court CR. MISC. No.34098 of 2020(2) dt.17-03-2021 2/2 made from an open place and petitioner has got no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari in connection with Chhatauni P.S. Case No.229 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T