Pappu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18880 of 2021 Arising Out of PS. Case No.-307 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== PAPPU PASWAN Son of Ramji Paswan Resident of Village - Bastal, Didarganj Kachchi Dargha, P.S.- Nadi, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office. The petitioner is/are apprehending his/their arrest in connection with Special Case No. 424 of 2020 arising out of P.R. Case No. 307 of 2020 for the offence registered under Sections 30(a), 32(1), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Amendment Act.

The prosecution case in nutshell is that 450 liters country made wine has been recovered from the Tempo. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the

Patna High Court CR. MISC. No.18880 of 2021(2) dt.15-12-2021 2/2 present case. It is further submitted that petitioner has no concern with the seized tempo and nothing incriminating articles has been recovered from the conscious and constructive possession of the petitioner. It is further submitted that name of the petitioner surfaced on the basis of the confessional statement made before the police by co-accused, namely, Lav Kumar @ Ritesh, who was apprehended on the spot. It is further submitted that petitioner was not apprehended on the spot and he has no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his/their arrest/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) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Patna in connection with Special Case No. 424 of 2020 arising out of P.R. Case No. 307 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Sunil Kumar Panwar, J) Jagdish/- U T