Patna High CourtCR. MISC./36096/2020bail granted

Vivek Kumar Paswan v. The State Of Bihar

2021-04-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36096 of 2020 Arising Out of PS. Case No.-114 Year-2020 Thana- JHANJHARPUR District- Madhubani ====================================================== Vivek Kumar Paswan S/o Munni Lal Paswan R/o Village- Belmohan, P.S.- Phulparas, District- Madhubani.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-04-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Jhanjharpur P.S. Case No. 114/2020 (G.R. No. 800/20) instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition of Excise Act, 2016. It appears from the prosecution report that one Guddu Paswan was arrested with six litres of locally brewed liquor. The motorcycle which he was riding is said to belong to the petitioner who is the brother of aforesaid Guddu Paswan.

Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.36096 of 2020(2) dt.06-04-2021 2/2 that assuming but not admitting every fact in the prosecution report to be correct, there is no recovery from the possession of the petitioner and for the fault of the brother of the petitioner, he ought not to be made to suffer. The petitioner has clean antecedents.

Considering the afore-stated facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-cum-Special Judge, Excise Act, Madhubani, in connection with Jhanjharpur P.S. Case No. 114/2020 (G.R. No. 800/20), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T