Patna High CourtCR. MISC./9270/2017bail granted

Brajesh Paswan And ORS v. The State Of Bihar

2017-02-23Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9270 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -AMBA District- AURANGABAD ======================================================

1. Brajesh Paswan, S/o Naresh Paswan,

2. Goodu Prajapati @ Guddu Pajapati, S/o Late Brijnandan Prajapati, Both are residents of Village- Bansapati, P.S.- Hariharganj, DistrictPalamu (Jharkhand).

3. Sanjeev Paswan, S/o Late Janki Paswan @ Late Janku Ram, resident of Village- Tharghat, P.S.- Hariharganj, District- Palamu (Jharkhand). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 23-02-2017 Heard learned counsels for the petitioners and the State.

The petitioners, who are in custody, seek bail in connection with Amba P.S.Case No. 101 of 2016 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation in brief is that the police stopped a maruti vehicle and during checking motor vehicle on the road, recovered 1200 pouch of illicit country made liquor, each containing 200 ml. It is submitted that in fact nothing was recovered from the possession of the petitioners and they are also not the owners of the vehicle and they are the residents of nearby places

Patna High Court Cr.Misc. No.9270 of 2017 (2) dt.23-02-2017 2/2 and the seizure list witnesses are not the independent witnesses rather they are police constables of Special Armed Police, so the petitioners have falsely been implicated in this case and they are in custody since 11.12.2016 having no criminal antecedents. Having considered the aforesaid facts and circumstances, and the witnesses who are police constables, the petitioners, namely , Brajesh Paswan , Goodu Prajapati @ Guddu Pajapati and Sanjeev Paswan are directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No. (Arun Kumar, J) Sujit/- U