Dhirendra Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36340 of 2018 Arising Out of PS. Case No.-86 Year-2018 Thana- SHIVSAGAR District- Rohtas ======================================================

1. Dhirendra Paswan, Son of Bhim Paswan, Resident of MohallaTakiya, P.S. Sasaram (Model), District- Rohtas.

2. Shyam Sundar Pal, Son of Ram Dahin Pal, resident of VillageSiyadih, P.S.- Sasaram (M), District- Rohtas. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-06-2018 Heard Sri Sada Nand Roy, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners, having clean antecedent, which fact has been stated in paragraph-3 of the petition, apprehending their arrest in Sheosagar P.S. Case No.86 of 2018 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail, in the event of their arrest or surrender.

Learned counsel for the petitioners submits that in this case, save and except confessional statement of co-accused, there is no other material to connect the petitioners. He submits that of course, the co-accused, who was apprehended, disclosed the name of the petitioners as owners of the vehicle,

Patna High Court Cr.Misc. No.36340 of 2018(2) dt.29-06-2018 2/2 but fact remains that the petitioners were not having any connection with the said vehicle. In this context, petitioners have made specific statement in paragraph-7 of the petition. Considering the fact that the petitioners have been made accused only on the basis of confessional statement as well as the fact that the petitioners are having clean antecedent, in the event of their arrest or surrender within six weeks from today, let both the petitioners, namely, (i) Dhirendra Paswan and (ii) Shyam Sundar Pal 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 learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Sheosagar P.S. Case No.86 of 2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T