Allowed

Vineshwar Paswan @ Vinesar Paswan @ Pucha @ Vinay Paswan v. The State of Bihar

Patna HC13 Jun 2024CR. MISC./36723/2024

Case brief

AI extract

What is this about?

Petitioners sought pre-arrest bail in a case alleging manufacture and sale of illicit liquor, with 80 liters of chulai liquor recovered from a public place near a river bank. The court noted absence of recovery from their conscious possession, lack of connecting material, and clean antecedents, and granted anticipatory bail.

What did the court decide?

Petitioners to be released on bail upon arrest or surrender within eight weeks, on Rs. 10,000 bond each with two like sureties, subject to Section 438(2) CrPC conditions.

Vineshwar Paswan @ Vinesar Paswan @ Pucha @ Vinay Paswan Vs… — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 36723 of 2024

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Arising Out of PS. Case No.-591 Year-2023 Thana- DEEPNAGAR District- Nalanda

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======================================================

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Vineshwar Paswan @ Vinesar Paswan @ Pucha @ Vinay Paswan Son of Late Mohan Paswan Resident of Village- Devisarai, P.S.- Deep Nagar, Dist.Nalanda

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Chotu Paswan son of Late Mohan Paswan Resident of Village- Devisarai, P.S.- Deep Nagar, Dist.- Nalanda

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kumari Sujata Sinha, Advocate For the Opposite Party/s : Mr. Suman Kumari Singh, APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 13-06-2024 Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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In the present case, the petitioners are apprehending their arrest in connection with Deepnagar P.S. Case No. 591 of 2023 registered for the alleged offences under Section 30(A) of Bihar Prohibition and Excise Act, 2016.

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As per prosecution case, police received information about the petitioners manufacturing and selling illicit liquor. A raid was conducted at the identified place but the petitioners fled away from the spot and recovery of 80 liters of chulai liquor was made from the same spot.

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Learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No. 36723 of 2024(2) dt.13-06-2024 2/3

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petitioners are innocent have been falsely implicated in this case. It is evident from the FIR that recovery of 80 liters of country made liquor has been made from the banks of river near Panchayat Bhawan, which is a public place and the liability of the alleged incident could not be fastened on the petitioners and there is no material to connect the petitioner with the offence as alleged. There is no compliance of Section 100(4) of Cr.P.C. In fact, no offence under the provisions of excise act has been made out against the petitioners. The name of the petitioners have been transpired in this case merely on suspicion on saying of local chowkidar who is on inimical terms with the petitioners. The petitioners are having clean antecedent.

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Learned APP for the State opposes the submission made on behalf of the petitioners.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the conscious possession of the petitioner and also considering the lack of substantive material to connect the petitioners with the offences as alleged and further considering the clean antecedent of the petitioners coupled with possibility of false implication, let the petitioners named above, in the event of their arrest or surrender

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Patna High Court CR. MISC. No. 36723 of 2024(2) dt.13-06-2024 3/3

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before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Court of Additional Sessions Judge-V-cum-Special Judge, Excise Act, Nalanda at Biharsarif in connection with Deepnagar P.S. Case No. 591 of 2023, subject to the condition laid down under section 438(2) of the Code of Criminal Procedure and other following conditions:

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)

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Ashish/-

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U T

Vineshwar Paswan @ Vinesar Paswan @ Pucha @ Vinay Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vineshwar Paswan @ Vinesar Paswan @ Pucha @ Vinay Paswan v. The State of Bihar

Case brief

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What did the court decide?

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