Dashrath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14325 of 2024 Arising Out of PS. Case No.-614 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Dashrath Paswan S/o Late Yogendra Paswan @ Yugal Paswan R/o vill - Chhoti Baluahi, P.S. - Bahadurpur, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Gandhi, Adv.

For the State :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 5 liters of liquor from petitioner's husk room.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that no prudent person would use his own premises for committing an occurrence and thus create evidence against

Patna High Court CR. MISC. No.14325 of 2024(2) dt.07-03-2024 2/2 himself and hence would get implicated, further the husk room is accessible to public at large and it appears someone inimical to the petitioner falsely got him implicated by planting meagre amount of liquor, as husk room is a place outside the house.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bahadurpur P.S. Case No. 614 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Arish/- U T