Patna High CourtCR. MISC./2103/2019bail granted

Rahul Paswan @ Rahul Kumar Paswan And ORS v. The State Of Bihar

2019-01-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2103 of 2019 Arising Out of PS. Case No.-186 Year-2018 Thana- SIKTI District- Araria ======================================================

1. Rahul Paswan @ Rahul Kumar Paswan, Son of Ramdeop Paswan, Resident of Village- Utrail Chawk, P.O.- Amgachhi, P.S.-Sikty, District-Araria.

2. Amod Paswan @ Amod Kumar Paswan, Son of Ajodhi Paswan, Resident of Village- Utrail Chawk, P.O.- Amgchhi, P.S.-Sikty, District-Araria.

3. Rajesh Paswan @ Rajesh Kumar, Son of Arjun Paswan, Resident of VillageKarat, P.O.- Bhirbhiri, P.S.- Sikty, District Araria. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2019 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 05.11.2018 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is to the effect that on 04.11.2018, the petitioners were caught while carrying illicit Nepali liquor from Nepal. From the possession of the petitioners, altogether 108 liters of Nepali liquor was recovered.

It is submitted by learned counsel for the petitioners that in fact the petitioners have been falsely roped in the present case. A statement has been made in paragraph no.3 of the petition that

Patna High Court Cr.Misc. No.2103 of 2019(2) dt.16-01-2019 2/2 the petitioners are not having any criminal antecedent. Learned APP submits that recovery has been made from the possession of the petitioners.

Considering the period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned 2nd Additional Session Judge-cum-Spl. Judge, Araria in connection with Sikty P.S. Case No. 186 of 2018, corresponding to Spl. Case No. 1393 of 2018. (Dinesh Kumar Singh, J) Amrendra/- U T