Sonu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43365 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- IMADPUR District- Bhojpur ====================================================== 1.

Sonu Paswan S/O- Arju Paswan @ Arju Ram R/O Village - Rajpur, P.S.- Imadpur, District - Bhojpur.

2.

Nandjee Paswan S/O- Jatul Paswan @ Jatul Ram R/O Village - Rajpur, P.S.- Imadpur, District - Bhojpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a) of the Excise Act, 2018.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 03 litres of liquor and 600 litres of jawa mahua, which was destroyed at the spot from a polythene and one motorcycle from the forest of village-Rajpur. The learned counsel for the petitioners submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.43365 of 2022(2) dt.30-08-2022 2/2 recovered from their conscious possession. It is next submitted that petitioners are neither the owner, nor the driver of the alleged vehicle and the alleged recovery was made from a place which was accessible to the people at large.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Imadpur P. S. Case No.48 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T