Raj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71837 of 2024 Arising Out of PS. Case No.-196 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== 1.

Raj Kumar Paswan S/O Late Brahm Dayal Paswan Resident of VillageKulwa, ward No.- 03, P.S- Dumraon, District- Buxar. 2.

Ajay Kumar S/O Baleshwar Ram Resident of Village- Kulwa, ward No.- 09, P.S- Dumraon, District- Buxar.

3.

Ravi Ranjan Pandey @ Ravi Ranjan Kumar Pandey S/O Kamal Pandey Resident of Village- Budhan Purwa, P.S- Nagar, District- Buxar, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Rai Sharma, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 196 of 2024 dated 02.09.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 311.040 litres of illicit foreign liquor was recovered from the Car.

4. Learned counsel for the petitioners has submitted that the petitioner are innocent and have falsely been implicated in this case. The petitioner no.1 was the driver and the petitioner nos. 2 and 3 were the co-passenger of the seized vehicle. Nothing has been recovered from the conscious possession of the petitioners.

Patna High Court CR. MISC. No.71837 of 2024(2) dt.01-10-2024 2/2 The petitioners have no concern with the alleged recovery. The petitioner nos. 1 and 2 have no criminal antecedent and the petitioner no. 3 has five criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 03.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Excise P.S. Case No. 196 of 2024, with the following condition:- (i) That the petitioner no.3, Ravi Ranjan Pandey is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T