Patna High CourtCR. MISC./38800/2016bail granted

Nawal Paswan v. The State Of Bihar

2016-10-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36533 of 2016 Arising Out of PS.Case No. -394 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Kapil Paswan Son of Sri Shankar Paswan, resident of Village-Punjabi Muhalla Ward no.15, P.S. + District- Lakhisarai .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.38800 of 2016 Arising Out of PS.Case No. -394 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Nawal Paswan, Son of Sarbjeet Paswan, Resident of Mohalla- Santar, P.S. Lakhisarai, District Lakhisarai.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.36533 of 2016) For the Petitioner/s : Mr. Ambika Bhagat, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP (In Cr.Misc. No.38800 of 2016) For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 272, 273 of the I.P.C. and Sections 47(A), 49, 48(2), 50(d), 54 and 57 of the Bihar Excise Amendment Act, 2016.

Allegation is that the police has apprehended a tempo along with the accused persons including the petitioners while

Patna High Court Cr.Misc. No.36533 of 2016 (3) dt.26-10-2016 carrying huge quantity of foreign liquor as well as country made liquor.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 21.7.2016 and the charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. From a tempo country made liquor and foreign liquor are said to have been recovered. The petitioners are said to have been travelling on the said tempo. The petitioners have no concern with the said liquors. There is no compliance of Section 100 of the Cr.P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners above named be released 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 Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. case No.394 of 2016.

(Sudhir Singh, J) Narendra/- U T