Lahindra Paswan @ Lakhindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12637 of 2023 Arising Out of PS. Case No.-149 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== LAHINDRA PASWAN @ LAKHINDRA PASWAN Son of Sukhdev Paswan R/v- Pipra, P.S.- Ghorasahan (Jitna), District- East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Raj, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ghorasahan (Jitna) P.S. Case No. 149 of 2020 registered for the offences punishable under Sections 188, 269, 270 and 271 of the Indian Penal Code read with Section 3 of the Epidemic Disaster Act and Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 32.160 litres of liquor from bank of Pipra river.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.12637 of 2023(4) dt.04-08-2023 2/2 was recovered from his conscious possession and he came to be implicated by the villagers but then the FIR does not disclose the name of the villagers who disclosed the name of the petitioner which casts an aspersion on the case of the prosecution, it is further submitted that even the alleged recovery is from a place which is accessible to public at large.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ghorasahan (Jitna) P.S. Case No. 149 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T