Mahendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6542 of 2024 Arising Out of PS. Case No.-303 Year-2023 Thana- ROHTAS District- Rohtas ====================================================== Mahendra Paswan, aged about 54 years, Male, Son of Jagnarayan Paswan, Resident of village Saraiya, P.S- Rohtas ( Amjhor), Dist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Babu Nandan Prasad For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition & Excise Amendment Act.
3. The learned cousnel for the petitioner submits that the petitioner has antecedent of five cases and allegation is of recovery of 36 liters of liquor from water tank near Sone River. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that he came to be implicated on the confessional statement of co-accused Naresh and Dashrath in police custody, which does not have evidentiary value. It is further submitted that it appears
Patna High Court CR. MISC. No.6542 of 2024(2) dt.16-02-2024 2/2 that the police falsely implicated the petitioner because of his antecedent through Naresh and Dashrath.
5. Learned A.P.P opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs,. 25,000/- ( Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise No.2 cum Additional Sessions Judge, Rohtas at Sasaram in connection with Rohtas ( Amjhor) P.S.Case No. 303 of 2023, subject to the conditions laid down under section 438(2) of the Cr. P.C.
(Satyavrat Verma, J) N.K/- U T