Guddu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67655 of 2022 Arising Out of PS. Case No.-331 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== 1.

GUDDU PASWAN S/o Gudul Paswan R/o Village- Vashi Damodar Ward no.-11, P.S.- Jandaha, Distt- Vaishali.

2.

Amarjeet Paswan S/o Late Ramchandar Paswan R/o -Dorapar Chaundali ward no. 9, P.S.- Owni (O.P), Distt- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anu Priyadarshni,Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioners and the learned APP for the State. The petitioners seek regular bail in connection with Excise P.S. Case No.331 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The allegation is regarding recovery of 252.72 litres of foreign liquor from a truck and the petitioners were arrested from near the truck on suspicion.

The learned counsel for the petitioners has submitted that the petitioners are innocent,

Patna High Court CR. MISC. No.67655 of 2022(2) dt.08-02-2023 2/3 they have been falsely implicated in the present case, they are having a clean antecedent and they are languishing in custody since 17.09.2022. The learned counsel for the petitioners has further submitted by referring to the to paragraph nos.7 to 11 of the present petition that the petitioners are daily wage labourers and they have no concern either with the illicit liquor recovered or with the said truck in question.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the fact that the petitioners have categorically stated in the present petition that they are daily wage workers having no concern either with the illicit liquor recovered or with the said truck in question, I deem it fit and proper to direct for release of the petitioner on regular bail.

Patna High Court CR. MISC. No.67655 of 2022(2) dt.08-02-2023 3/3 Accordingly, the above named petitioners are directed to 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 Special Judge, Excise Court-2, Samastipur in connection with Excise P.S. Case No.331 of 2022.

(Mohit Kumar Shah, J) kanchan/sonalU T