Ganga Sagar Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57411 of 2017 Arising Out of PS.Case No. -205 Year- 2017 Thana -MAHESI District- SAHARSA ======================================================
1. Ganga Sagar Paswan, S/o Late Ram Kishun Paswan,
2. Shyam Paswan S/o Bindeshwari Paswan, Both R/o Village- Pastwar, P.S.- Mahishi, District- Saharsa.
.... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek bail in a case instituted under Sections 30A and 35B of Bihar Prohibition and Excise Act, 2016. The prosecution case, in brief, is that 20 liters of Mahua wine is said to have been recovered.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 04.10.2017. 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. It is alleged that 20 liters of Mahua wine is recovered from the joint house of the petitioner No.1. The petitioners had no knowledge regarding the liquor
Patna High Court Cr.Misc. No.57411 of 2017 (2) dt.14-12-2017 2/2 being kept in the said house. There is no compliance of Section 100 of the Cr.P.C.
On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Saharsa, in connection with Excise Case No.433 of 2017, arising out of Mahishi P.S. Case No.205 of 2017. (Sudhir Singh, J) Amit/- U T