Rajendra Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27851 of 2018 Arising Out of PS.Case No. -23 Year- 2018 Thana -DANIYAWA District- PATNA ======================================================

1. Rajendra Paswan, S/o Bal Govind Paswan

2. Chandan Paswan, S/o Rajendra Paswan, Both resident of Village- Madwa, P.S.- Daniyawan, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-05-2018 Heard.

The petitioners seek regular bail in connection with Daniyawan P.S. Case No. 23 of 2018 arising out of Special Case No. 1940 of 2018 for the offences punishable under Sections 30(a) 37(b) of the Bihar Prohibition and Excise Act, Sections 25(1-b)1, 26/35/27 of the Arms Act and Sections 147, 148, 149, 324 and 307 of the Indian Penal Code.

Allegation is that two groups of persons were quarrelling with each other and on getting information, the police personnel reached at the place of occurrence and arrested the petitioners and others. It appears that upon the accused persons being apprehended, two live cartridges and a plastic bottle containing 11⁄2 liter country made mahua wine were recovered from the

Patna High Court Cr.Misc. No.27851 of 2018 (3) dt.21-05-2018 2/2 petitioner no.2. As far as the petitioner no.1 is concerned, nothing is said to have been recovered from him.

The learned counsel for the petitioners submits that no injury whatsoever has been caused to any person and the petitioners have been falsely implicated in the present case. It is further submitted that the petitioners are having clean antecedent and are languishing in custody since 3.3.2018. Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Special Judge, Excise, Patna in connection with Daniyawan P.S. Case No. 23 of 2018 arising out of Special Case No. 1940 of 2018.

(Mohit Kumar Shah, J) BTiwary/- U T