Vishwanath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52221 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- IMAMGANJ District- Gaya ====================================================== Vishwanath Paswan Son of Jugal Paswan Resident of Village - Kadriganj, P.S.- Imamganj, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushant Praveer For the Opposite Party/s :

Mrs.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2019 Due inadvertence, two applications for bail were filed on behalf of the petitioner by two different advocates. One of the application was dismissed as withdrawn by order dated 31.07.2019 vide Cr.Misc.No.47807 of 2019. No order was passed on the merit of the case.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 70 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.06.2019 and has got no criminal

Patna High Court CR. MISC. No.52221 of 2019(2) dt.11-09-2019 2/2 antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 70 liters wine is recovered. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Imamganj P.S. case No.06 of 2019.

(Sudhir Singh, J) Narendra/- U T