Sonu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6510 of 2023 Arising Out of PS. Case No.-168 Year-2022 Thana- DANIYAWAN District- Patna ====================================================== SONU PASWAN Son of Lal Babu Paswan R/v- Chaili Tal, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

Altogether 356.4 litres of country made liquor is said to have been recovered from one tempo and from the same, RC card and driving license was recovered. The said RC shows that the tempo belongs to the petitioner.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. Petitioner has neither been apprehended on the spot nor any incriminating article has been

Patna High Court CR. MISC. No.6510 of 2023(2) dt.11-04-2023 2/3 recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. The petitioner has sold the said tempo to one Manish Kumar prior to the date of occurrence and to this effect, an Affidavit sworn before the Notary Public, Patna City has been prepared on 27.07.2022 but name of Manish Kumar has not yet come in the RC. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs.30,000.00/- (Rupees Thirty Thousand) in the Bihar State Bar Council Welfare Fund, bearing Account No.31861041899, IFSC SBIN0010340, State Bank of India, High Court Campus, Patna. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/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.25,000/- (Rupees Twenty Five 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 Daniyawan P.S. Case No.168 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

Patna High Court CR. MISC. No.6510 of 2023(2) dt.11-04-2023 3/3 (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Bihar State Bar Council Welfare Fund.

(Anjani Kumar Sharan, J) pallavi/- U T