Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36651 of 2020 Arising Out of PS. Case No.-360 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

SANDEEP KUMAR Son of Sheonandan Paswan @ Shivnandan Paswan Resident of Village - Tetariya (Karmauni), P.S.- Dobhi, District- Gaya 3.

Vikas Paswan Son of Manoj Paswan Resident of Village - Tetariya (Karmauni), P.S.- Dobhi, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tabish Sharfuddin For the Opposite Party/s :

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2021 Heard the learned counsel for the petitioners and Shri Raj Kishore Singh, the learned A.P.P. appearing for the State.

The petitioners seek regular bail in connection with Excise P.S. Case No. 360 of 2020 for the offence punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 200 liters of country made wine from a tempo in which the petitioners were found sitting.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and are

Patna High Court CR. MISC. No.36651 of 2020(2) dt.30-01-2021 2/2 languishing in custody since 12.09.2020. The learned counsel for the petitioners has further submitted that the tempo in question does not belong to the petitioners and they were only co-passenger in the said tempo. It has also been stated in paragraph no. 12 of the present petition that seized liquor was not recovered from the conscious possession of the petitioners.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioners.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the fact that the petitioners are stated to be the co-passengers of the said tempo in question and are having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Excise P.S. Case No. 360 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T