Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6647 of 2022 Arising Out of PS. Case No.-234 Year-2021 Thana- RAJAPAKAR District- Vaishali ====================================================== Manoj Paswan Son Of Mahendra Paswan R/O Village- Phulhara, P.S.- Rajapakar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. It is a case of recovery of about four liters of country made liquor from the house of this petitioner. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner is separate in mess and property from his father Mahendra Paswan but implicated in this case due to high handedness of the police and it is relevant to mention here that the seizure list has not been prepared as per the law and there is violation of compliance of Section 100 of

Patna High Court CR. MISC. No.6647 of 2022(2) dt.16-06-2022 2/2 the Cr.P.C. He further submits that the place of occurrence relates to the petitioner's father and not this petitioner. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

After considering the facts that meager quantity of liquor was recovered, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Vaishali at Hajipur in connection with Raja Pakar (Baranti O.P.) P.S. Case No. 234 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T