Raj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68552 of 2021 Arising Out of PS. Case No.-127 Year-2021 Thana- TILAUTHU District- Rohtas ====================================================== HIRA KUMAR Son of Late Madan Seth Resident of Village - Near Railway Line, Uttar patti, Tilauth, P.s.- Tilauthu, Dist.- Rohtas (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72385 of 2021 Arising Out of PS. Case No.-127 Year-2021 Thana- TILAUTHU District- Rohtas ====================================================== RAJ KUMAR PASWAN Son of Shyam Bihari Paswan Resident of Village - Uttarpatti, Tilauthu Ward No.11, P.s.- Tilauthu , Distt.- Rohtas. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 68552 of 2021) For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala (In CRIMINAL MISCELLANEOUS No. 72385 of 2021) For the Petitioner/s :

Mr.Ashwani Kumar Tiwary For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 225 litres of Mahua

Patna High Court CR. MISC. No.68552 of 2021(2) dt.17-05-2022 2/3 liquor was recovered from the tempo and the two petitioners were taken into custody.

It is submitted by learned counsel for the petitioner Hira Kumar, that he has been falsely implicated in the case on account of being the owner of the vehicle from which the liquor was recovered. It is a public vehicle which is run by the petitioner for commercial purpose. He has no concern with the allegedly seized liquor. He is in custody since 23.07.2021 and has no criminal antecedent.

Learned counsel appearing for the petitioner, Raja Kumar Paswan, submits that the petitioner has been falsely implicated in the case. He was merely a passenger in the tempo. He is in custody since 23.07.2021 and has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parities and taking into consideration the allegations in the FIR, the petitioners being in custody for more than nine months and not having any criminal antecedent, both the petitioners, abovenamed, are directed to be enlarged on bail in connection with Tilauthu P.S. Case No. 127 of 2021 on each of them furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.68552 of 2021(2) dt.17-05-2022 3/3 sureties of the like amount each to the satisfaction of learned IInd Addl. District & Sessions Judge, Excise, Rohtas, Sasaram. (Partha Sarthy, J) sanjeev/- U T