Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80425 of 2019 Arising Out of PS. Case No.-304 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== 1.

RAJESH PASWAN Son of Amrit Paswan Resident of Village - Majhaura, P.S.- Riga, District- Sitamarhi 2.

Santosh Rai Son of Ganaur Rai Resident of Village - Majhaura, P.S.- Riga, District- Sitamarhi ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners in the present case are seeking regular bail in connection with Riga P.S. Case No. 304/2019 registered under Sections 414 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that the informant has recovered total 24 liters of illicit liquor from the possession of these petitioners and are in custody since 07.11.2019 having no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.80425 of 2019(2) dt.06-12-2019 2/2 and quantity of illicit liquor being 24 liters recovered from the possession of the petitioners and that they are in custody since 07.11.2019 having no criminal antecedent, let the above-named petitioners be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned A.D.J. II -cum - Special Judge, Excise Act, Sitamarhi, in connection with Riga P.S. Case No. 304/2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T