Jitu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 8392 of 2020 Arising Out of PS. Case No.-377 Year-2019 Thana- JHAJHA District- Jamui ====================================================== Jitu Paswan S/o Late Sundar Paswan @ Kapildeo Paswan Resident of Village- Machli Chowk Jhajha, P.S.- Jhajha, Distt- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in connection with Jhajha Police Station (for brevity, PS) Case No 377 of 2019 instituted for the offence punishable under Section(s) 272, 273/34 of Indian Penal Code and Sections 30 (a), 37 (c) (d) of Bihar Excise and Prohibition Act.

Two persons are said to have been apprehended while consuming Mahua liquor. 14 liters of Mahua liquor has been recovered from under the Chauki of the petitioner's house. Petitioner's name has surfaced since the two persons have stated that he had fled away on seeing the police. Other than the said statement, there is nothing to connect the petitioner with the

Patna High Court CR. MISC. No.8392 of 2020(2) dt.29-02-2020 2/3 occurrence. The petitioner is having no criminal antecedent and even, as per prosecution case, neither he was apprehended on the spot nor there is any recovery from his possession. It is submitted that no offence whatsoever would be made out under the Bihar Excise and Prohibition Act.

The learned APP for the State has opposed the prayer for anticipatory bail referring to the provisions contained in Section 76 (2) of the Bihar Prohibition and Excise Act. For the limited purpose of grant of bail, this Court is inclined to accept the submissions of learned counsel for the petitioner.

Considering the aforesaid facts, prayer of petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the Court below, within four (04) weeks from today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Jamui in connection with Jhajha PS Case No 377 of 2019 subject to the conditions as laid down under Section 438 (2) of Criminal Procedure Code and also the following conditions:- (i) That one of the bailors will be a close relative of the

Patna High Court CR. MISC. No.8392 of 2020(2) dt.29-02-2020 3/3 petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T