Patna High CourtCR. MISC./50668/2023allowed

Tuntun Paswan v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50668 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- DIGHWARA District- Saran ====================================================== 1.

TUNTUN PASWAN SON OF LATE CHANDRIKA PASWAN R/OSHITALPUR BAZAR, P.S.-DIGHWARA, DISTT.-SARAN 2.

PINTU PASWAN SONO F CHANDRIKA PASWAN R/O-SHITALPUR BAZAR, P.S.-DIGHWARA, DISTT.-SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 30 litres country made liquor along with one LPG Gas Cylinder and 400 litres illegal Paswa in front of house of the petitioners. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. They have no concern with the alleged recovery or with the place of occurrence. Neither the petitioners were arrested on spot nor any

Patna High Court CR. MISC. No.50668 of 2023(2) dt.11-08-2023 2/2 incriminating article has been recovered from their conscious possession. It is further submitted that the petitioners are languishing in judicial custody since 21.04.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-1, Saran, Chapra in connection with Dighwara P.S. Case No. 134 of 2023.

(Sunil Kumar Panwar, J) lata/- U T