Raghuvir Paswan @ Raghuvir Kumar Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54268 of 2017 Arising Out of PS.Case No. -166 Year- 2017 Thana -DAGARUA District- PURNIA ======================================================

1. Raghuvir Paswan @ Raghuvir Kumar Paswan, Son of Jai Singh Paswan, R/o Ram Bagh Ward No.31, P.S.- Sadar , District- Purnea.

2. Md. Naiyar Raja @ Md. Naiyar Raza, Son of Md. Maniruddin, R/o Bir Nagar, P.S.- Bhergawa , Distt.- Araria at present R/o Line Bazar, Nishiganj, P.S.- Khat (S), District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in judicial custody since 09.10.2017 in connection with Special Excise Case No. 2533 of 2017 arising out of Dagarva P.S. Case No. 166 of 2017 for offences punishable under Section 273 of the IPC and Section 30 (A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that the petitioners were apprehended in a motorcycle while they trying to flee away and from the bag kept in the motorcycle 11.250 liters of foreign liquor was recovered.

Patna High Court Cr.Misc. No.54268 of 2017 (2) dt.21-11-2017 2/2 Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and have been falsely implicated in the aforesaid case. He submits that nothing has been recovered from the conscious possession of the petitioners and that they have been implicated only on suspicion. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged 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 learned 3rd Additional Sessions Judge-cum-Special Judge (Excise), Purnea in connection with Special Excise Case No. 2533 of 2017 arising out of Dagarva P.S. Case No. 166 of 2017. (Nilu Agrawal, J) Devendra/- U T