Patna High CourtCR. MISC./56892/2019bail granted

Chhathu Paswan v. The State Of Bihar

2019-09-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56892 of 2019 Arising Out of PS. Case No.-433 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

Chhathu Paswan, Son of Anup Paswan, aged about 45 years, Male, Resident of Village - Mishachak, Ward No.-7, P.S.- Bairgania, District- Sitamarhi, 2.

Shan Ali, Son of Bhar Mohamad, age 38 years (Male), Resident of Village - Mushachak, Ward No.-4, P.S.- Bairgania, District- Sitamarhi. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ranjeet Kumar Mishra, Advocate.

For the Opposite Party :

Mr.Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 99 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 07.07.2019. The petitioners have got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the

Patna High Court CR. MISC. No.56892 of 2019(2) dt.09-09-2019 2/2 witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 99 liters wine is recovered from joint possession of petitioners. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. 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 A.D.J.- II, Sitamarhi-cum-Special Judge, Excise Act, Sitamarhi/concern court, in connection with Complaint Case No. C/433/19. (Sudhir Singh, J) U.K./- U T