Rambabu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15711 of 2021 Arising Out of PS. Case No.-242 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.

RAMBABU PASWAN SON OF SURESH PASWAN @ RAMSURESH PASWAN Resident of Village - Sadha Kanta, Bhalahi Tola, P.S.- Gayaghat (Benibad O.P), Distt.- Muzaffarpur.

2.

Akhilesh Mahto @ Akhileshwar Kumar Son of Subodh Mahto Resident of Village - Hanuman Nagar, P.S.- Gayaghat (Benibad O.P), Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2021 Learned counsel for the petitioners seeks permission to withdraw this application of petitioner no.1, since during the pendency of this application he has been arrested. Permission is accorded.

Accordingly, the application of petitioner no.1 Rambabu Paswan, is dismissed as withdrawn.

Heard learned counsel for the petitioner no. 2 Akhilesh Mahto @ Akhileshwar Kumar and the learned A.P.P. for the State.

The petitioner no. 2 apprehends his arrest in connection with Gaighat P.S. Case No. 242 of 2020 registered under Sections 30(a) and 41(i) of the Bihar Excise Act.

Patna High Court CR. MISC. No.15711 of 2021(2) dt.20-12-2021 2/2 Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. On perusal of seizure list, it appears that nothing has been recovered from the possession of this petitioner. Further he submits that petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner no.2 Akhilesh Mahto @ Akhileshwar Kumar be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Special Judge (Excise), Muzaffarpur in connection with Gaighat P.S. Case No. 242 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) shailendra/- U T