Ajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54470 of 2023 Arising Out of PS. Case No.-1003 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

AJAY PASWAN S/o Late Gyani Paswan Resident of Village-Chatarghat, P.S.-Chakand, District-Gaya 2.

BASANT MANJHI S/o Late Bhagirath Manjhi Resident of VillageChatarghat, P.S.-Chakand, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 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) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 35 litres Mahua liquor and 400 kg. Jawa mahua were recovered from the bank of river Jamune and two persons who were trying to escape, were apprehended.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have no concern with the alleged recovery or

Patna High Court CR. MISC. No.54470 of 2023(2) dt.29-08-2023 2/2 with the place of occurrence. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. They are languishing in judicial custody since 28.5.2023.

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 Exclusive Excise Judge No. 03, Gaya in connection with Excise Case No. 1003 of 2023.

(Sunil Kumar Panwar, J) sushma/- U