Ramdeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3024 of 2024 Arising Out of PS. Case No.-262 Year-2018 Thana- Excise P.S. District- Samastipur ====================================================== Ramdeo Paswan (Male), aged about 30 years, son of Panchu Paswan @ Jagdish Paswan, resident of village- Tal Aghara, PS- Khanpur, Dist. Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Excise PS Case No.262 of 2018 dated 02.09.2018, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The allegation is of recovery of 32 litres country made liquor and 300 litres molasses from the bank of moin river.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that nothing has been recovered from the conscious possessions of the petitioner. The petitioner has no

Patna High Court CR. MISC. No.3024 of 2024(2) dt.31-01-2024 2/2 concern with the alleged seized liquor or the said place of occurrence from where seizure has been made. The place of occurrence is an open place which is accessible to everyone. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise)-02, Samastipur, in Excise PS Case No.262 of 2018, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T