Bhago Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69681 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- MOKAMAH District- Patna ====================================================== 1.

Bhago Paswan S/o Ramawatar Paswan R/o village- Kanhaipur, P.S.- Mokama, District- Patna 2.

Subhash Paswan S/o Dharamdeo Paswan R/o village- Kanhaipur, P.S.- Mokama, District- Patna 3.

Satyanand Paswan S/o Mathura Paswan @ Mathyra Paswan R/o villageKanhaipur, P.S.- Mokama, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No. 2, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Mokama P.S. Case No. 144 of 2019 (Special Case No. 6013 of 2019), registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. On secret information, raid was conducted. During raid, twelve litres of country made liquour was recovered from a house and one person was arrested, who disclosed his name, as Subhash Kumar. During course of investigation, Subhash Kumar disclosed the name of these petitioners as the persons

Patna High Court CR. MISC. No.69681 of 2019(2) dt.16-11-2019 2/3 who are indulged in trading of illicit liquour. It is submitted by learned counsel appearing on behalf of petitioners that petitioners have falsely been implicated in this case. Save and except disclosure made by the co-accused Subhash Kumar, there is nothing against these petitioners. Nothing has been recovered from possession of these petitioners. Petitioners have got clean antecedent. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Mokama P.S. Case No. 144 of 2019 (Special Case No.

Patna High Court CR. MISC. No.69681 of 2019(2) dt.16-11-2019 3/3 without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T