Sanjeet Paswan @ Sanjit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14574 of 2024 Arising Out of PS. Case No.-205 Year-2023 Thana- SINDHIYA District- Samastipur ====================================================== Sanjeet Paswan @ Sanjit Paswan S/o Hari Kishan Paswan @ Harekrishna Paswan R/o Village- Haripur, P.S.- Singhia, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhoo Kumar Suman, Advocate For the Opposite Party/s :

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Excise and Prohibition Act, 2016.

3. The learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 45 liters of liquor from an auto.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized auto. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that petitioner

Patna High Court CR. MISC. No.14574 of 2024(2) dt.11-03-2024 2/2 was completely unaware that Rahul Yadav and Chandrabali Kumar his friend would misused the vehicle in the manner as alleged, as they were also apprehended from the spot.

5. The learned APP for the State opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-I, Samastipur in connection with Singhia P.S. Case No.205 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T