Arya Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61711 of 2021 Arising Out of PS. Case No.-153 Year-2018 Thana- MORKAHI District- Khagaria ====================================================== GHOLAT SINGH @ MANOHAR SINGH S/O LATE RAMVILASH SINGH RESIDENT OF VILLAGE- ALAULI MORKAHI, P.S. - ALAULI, DISTRICT- KHAGARIA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 61956 of 2021 Arising Out of PS. Case No.-153 Year-2018 Thana- MORKAHI District- Khagaria ====================================================== ARYA KUMAR PASWAN Son of Late Satya Narayan Paswan Resident of Village - Kamathan, Police Station - Alouli, District - Khagaria. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 61711 of 2021) For the Petitioner/s :

Mr. Binod Kumar, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 61956 of 2021) For the Petitioner/s :

Mr. Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-04-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 15 litres of liquor and 50 litres of Mahua solution was recovered from the possession

Patna High Court CR. MISC. No.61711 of 2021(2) dt.12-04-2022 2/2 of accused Gholat Singh and 29 litres of liquor was recovered from the possession of Arya Kumar Paswan.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their possession. They are in custody since 26.8.2021 and have no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioners being in custody for 7 months and not having any criminal antecedent, the Court directs both the petitioners to be enlarged on bail in connection with Morkahi P.S. Case no.153 of 2018 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Khagaria. (Partha Sarthy, J) Saurabh/- U T