Mantosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53616 of 2022 Arising Out of PS. Case No.-324 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== 1.

Mantosh Paswan, Son Of Anandi Paswan R/O Village- Bathauli, P.S.- Barauni, District- Begusarai 2.

Nawal Sah @ Nawal Sahu, Son Of Rambalak Sah @ Rambalak Sahu @ Balak Sah R/O Village- Bathauli, P.S.- Barauni, District- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of one case and petitioner no.2 has antecedent of two cases and allegation is of recovery of 5.250 litres of liquor and 05 litres of liquor from a plastic sack and gallon kept in the maize field situated in front of the house of the petitioner no.1.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that they were not arrested from the spot, as

Patna High Court CR. MISC. No.53616 of 2022(2) dt.14-10-2022 2/2 such, nothing was recovered from their conscious possession. It is also submitted that petitioners have no concern with the maize field and they came to be implicated by the local people, who were present at the place of occurrence, but the name of the local people is not disclosed in the F.I.R.

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. 10,000/- (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 Barauni P. S. Case No.324 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