Satrohan Paswan @ Shatrudhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5920 of 2020 Arising Out of PS. Case No.-582 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SATROHAN PASWAN @ SHATRUDHAN PASWAN Son of Late Vishwanath Paswan Resident of Village - Raysingha, P.S.- Muffasil, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Muffasil P.S. Case No. 582 of 2019, disclosing offence under Section 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. It is the case of the prosecution as disclosed in the F.I.R. that on the basis of secret information, the police conducted raid in a hut, leading to recovery of 10 liters of illicit liquor. It is further mentioned in the F.I.R. that the police learnt on the basis of secret information that the petitioner and others were involved in illicit trade of liquor.

Patna High Court CR. MISC. No.5920 of 2020(2) dt.10-06-2020 2/3 It is accordingly, the petitioner's case that since the petitioner has been implicated only on the basis of undisclosed secret information.

Bar of grant of anticipatory bail shall have no application.

On perusal of the F.I.R., I am prima facie satisfied with the plea on behalf of the petitioner that the said bar shall have no application as the petitioner's name has been mentioned apparently on the basis of some secret information, source of which has not been disclosed.

This application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. 9th Cum Special Judge Excise, East Champaran, Motihari in connection with Muffasil P.S. Case No. 582 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to

Patna High Court CR. MISC. No.5920 of 2020(2) dt.10-06-2020 3/3 appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) AKASH/- U T