Birendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1292 of 2022 Arising Out of PS. Case No.-234 Year-2021 Thana- AGIAON BAZAR District- Bhojpur ====================================================== 1.

BIRENDRA PASWAN Son of Late Dudul Paswan, Resident of Village - Agiaon Bazar, P.S.- Agiaon Bazar, Distt.- Bhojpur. 2.

Akhilesh @ Khesari Paswan Son of Birendra Paswan, Resident of Village - Agiaon Bazar, P.S.- Agiaon Bazar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-06-2022 The learned counsel for the petitioners are directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners are seeking regular bail in connection with Agiaon Bazar P.S. Case No. 234 of 2021 registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.

As per allegation, the police got information that petitioner no. 1 is selling liquor in his hut. On raid, some persons started fleeing away, but one person was apprehended, who disclosed his name as Birendra Paswan (petitioner no. 1). He also disclosed the names of the persons, who became successful in fleeing away, as Sonu Paswan, Munna Paswan, Akhilesh @

Patna High Court CR. MISC. No.1292 of 2022(2) dt.01-06-2022 2/2 Khesari and Tarjan Paswan. 116 litres of liquor was recovered from that hut.

The learned counsel for the petitioners has submitted that while making seizure list, the provision of section 100 of the Code of Criminal Procedure has not been complied with. He has submitted further that petitioner no. 1 is under custody since 18.11.2021 and petitioner no. 2 is under custody since 04.12.2021. Considering the above-mentioned facts and circumstances, the petitioners above-named are directed to be released on bail only after framing of the charge on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned A.D.J.-IV-cum-Special Judge, Excise, Bhojpur in connection with Agiaon Bazar P.S. Case No.234 of 2021.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T