Adhik Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64699 of 2021 Arising Out of PS. Case No.-145 Year-2021 Thana- BHAGWANPUR District- Begusarai ====================================================== DHEERAJ KUMAR Son of Suresh Singh @ Suresh Ray, R/V- Mokhtiyarpur, P.S.- Bhagawanpur, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1055 of 2022 Arising Out of PS. Case No.-145 Year-2021 Thana- BHAGWANPUR District- Begusarai ====================================================== ADHIK PASWAN S/o Gultan Paswan, R/o village- Mokhtiyarpur, P.S.- Bhagwanpur, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 64699 of 2021) For the Petitioner/s :
Mr.Ajay Kumar For the Opposite Party/s :
Mr.Nand Kumar (In CRIMINAL MISCELLANEOUS No. 1055 of 2022) For the Petitioner/s :
Mr.Hare Krishna Prasad For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-05-2022 The learned counsels for the petitioners are directed to remove all the defects pointed out by the office within one month.
Heard the learned counsels for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners are seeking regular bail in connection
Patna High Court CR. MISC. No.64699 of 2021(2) dt.26-05-2022 2/3 with Bhagawanpur P.S. Case No. 145 of 2021 registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act, 2018 and section 290 of the Indian Penal Code. As per FIR, police got information that the petitioners had stored illegal English wine near Telyahi Pokhar. After raid, 233 litres of liquor was recovered.
The learned counsel for the petitioners has submitted that the petitioners were not arrested at the spot and nothing was recovered from their possession. The petitioner Adhik Paswan is under custody since 04.09.2021 and he has no criminal antecedent. Petitioner Dheeraj Kumar is under custody since 17.08.2021 and one case is pending against him in which he is on bail.
Considering the period of custody, the petitioners above-named are directed to be released on bail after framing of charge on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge (Excise), Begusarai in connection with Bhagawanpur P.S. Case No. 145/2021.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove,
Patna High Court CR. MISC. No.64699 of 2021(2) dt.26-05-2022 3/3 failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/- U T