Sant Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33899 of 2018 Arising Out of PS. Case No.-151 Year-2018 Thana- GHORASAHAN District- East Champaran ======================================================

1. Sant Paswan, Son of Late Rajdhari Paswan

2. Pardip Paswan, Son of Nanahk Paswan

3. Amiri Paswan, son of Lakhshman Paswan

4. Manejar Paswan, Son of Dukha Paswan

5. Parmod Paswan, Son of Late Nagendra Paswan

6. Nawal Paswan, Son of Late Nagendra Paswan, All are Resident of Village- Kaswa Laukhan, P.S.- Ghorasahan, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Sri Anuj Kumar For the Opposite Party/s :

Sri Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-06-2018 At the very outset , Sri Anuj Kumar, learned counsel for the petitioners requests for allowing him to withdraw the petition so far petitioner no. 5 namely Pramod Paswan is concerned.

The prayer is allowed.

The petition in respect of petitioner no. 5 stands dismissed as withdrawn.

Petitioner nos. 1, 2, 3, 4 and 6 apprehending their arrest in connection with Ghorasahan P.S. Case No. 151 of 2018

Patna High Court Cr.Misc. No.33899 of 2018(2) dt.27-06-2018 2/3 , registered for the offence under Section 30(A) of the Bihar Prohibition and Excise Act, 2016 , have prayed for grant of bail in the event of their arrest or surrender.

Learned counsel for the petitioners submits that petitioner nos. 1, 2, 3, 4 and 6 are having clean antecedent and in this case nothing was recovered either from conscious possession of petitioners or from their premises / field. In the case recovery was affected from a 'Chawar' ( open land) and petitioners have been falsely implicated on the strength of secret information.

Considering the nature of accusation, clean antecedent of petitioners as well as the fact that nothing was recovered from conscious possession of aforesaid petitioners , in the event of their arrest or surrender within a period of six weeks from today , let petitioner nos. 1, 2, 3, 4 and 6 namely Sant Paswan, Pardip Paswan, Amiri Paswan, Manejar Paswan and Nawal Paswan respectively be enlarged on bail on furnishing bail bonds of Rs. 10,000/- ( rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge - IVth -cum-Special Judge , Excise, East Champaran, Motihari / concerned court in connection with Ghorasahan P.S. Case No. 151 of 2018 subject

Patna High Court Cr.Misc. No.33899 of 2018(2) dt.27-06-2018 3/3 to the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T