Amar Paswan @ Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3595 of 2020 Arising Out of PS. Case No.-593 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

Amar Paswan @ Amar Kumar Son of Late Ganesh Paswan Resident of Village - Bhagwanpur Road No. 05, Raja Nagar P.S.- Sadar, DistrictMuzaffarpur 2.

Sujeet Kumar Srivastava @ Lala @ Sujeet Kumar Son of Shaleshwar Prasad Resident of Village - Bhagwanpur Road No. 05, Raja Nagar P.S.- Sadar, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Muzaffarpur Sadar P.S. Case No. 593 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

584 litres of liquor is said to have been recovered from a vehicle.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. The vehicle belongs to

Patna High Court CR. MISC. No.3595 of 2020(2) dt.29-02-2020 2/3 the co-accused Sanjiv Rai. The provision of section 100 Cr.P.C has not been followed. Petitioner has got clean antecedent. Considering the facts aforesaid, I am inclined to grant anticipatory bail to the petitioner above-named, subject to deposit of Rs. 50,000/- in the court below and on deposit of the aforesaid amount, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No.

593 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.3595 of 2020(2) dt.29-02-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. Such deposit of Rs. 50,000/- shall abide by the outcome of the criminal case.

(Prabhat Kumar Singh, J) vinita/- U T