Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51540 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- SAKSOHRA District- Patna ====================================================== 1.

Manoj Paswan, Aged about 23 years, Male, Son of Arjun Paswan, Resident of Village Saksohra, P.S. Saksohra, District Patna. 2.

Tunni Paswan, Aged about 25 years, Male, Son of Arjun Paswan, Resident of Village Saksohra, P.S. Saksohra, District Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Shashikant Yadav, Advocate For the State :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-08-2019 Heard both sides.

Petitioners apprehend their arrest in Saksohra P.S. Case No.18 of 2019, giving rise to Special Case No.4775 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Petitioners are made accused in the case on the basis of disclosure that the petitioners were fleeing away from the maize field and from the maize field, illicit liquor was recovered.

Learned counsel for the petitioners submits that the petitioners have no manner of concern with liquor recovered from the maize field. Nothing has been recovered from the

Patna High Court CR. MISC. No.51540 of 2019(2) dt.19-08-2019 2/2 conscious possession of the petitioners.

Considering the fact that recovery was made from the maize field and not from the conscious possession of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-XI-cum-Special Judge, Excise, Patna in connection with Saksohra P.S. Case No.18 of 2019, giving rise to Special Case No.4775 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T