Rakesh Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26336 of 2017 Arising Out of PS.Case No. -227 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================
1. Rakesh Paswan, Son of Gorakh Paswan @ Late Siyanandan Paswan.
2. Devesh Kumar, Son of Late Siyanandan Paswan, Both Resident of Majorganj Malahi, P.S.- Mejorganj, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwari For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-08-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are languishing in custody since 12.04.2017 in connection with Case No. C2/227/17 for offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act. The prosecution case, as lodged by the excise official, is that the petitioners were apprehended with 72 litres of Nepali Saufi Wine near Indo-Nepal Border.
It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal antecedent and have been falsely implicated in the aforesaid case by the custom
Patna High Court Cr.Misc. No.26336 of 2017 (6) dt.02-08-2017 2/2 officials. He submits that nothing has been recovered from their conscious possession and charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-II, Sitamarhi, in connection with Case No. C2/227/17.
Rajesh/- (Nilu Agrawal, J) U T