Nandu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80074 of 2024 Arising Out of PS. Case No.-169 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== 1.
Nandu Paswan Son of Late Ramdhani Paswan Resident of village- Rasanpur PS- Warsalignj District- Nawada 2.
Raja Ram Manjhi Son of Sarju Manjhi Resident of village- Rasanpur PSWarsalignj District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend his arrest in connection with Excise Pakribarwan P.S. Case No. 169 of 2024 registered for the offences punishable under Sections 30(a), 30(c) and 45 of the Bihar Prohibition and Excise Act. .
3. The prosecution case, in short, is that 110 litres country made liquor was recovered from plastic gallon.
4. Learned counsel for the petitioners submit that the petitioners are innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioners have no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the
Patna High Court CR. MISC. No.80074 of 2024(2) dt.13-11-2024 2/2 possession of the petitioners. Petitioners name have come in this case on the basis of confessional statement of co-accused. She has stated that petitioners have also involved in this case. There is no compliance of Section 100 Cr.P.C. Other co-accused has been granted regular bail by this Court vide order dated 21.10.2024 in Cr. Misc. No. 74989 of 2024.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise Pakribarwan P.S. Case No. 169 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Ranjan/- U T