Tinkal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11999 of 2022 Arising Out of PS. Case No.-77 Year-2021 Thana- BABUBARHI District- Madhubani ====================================================== TINKAL PASWAN Son of Opi Paswan Resident of Village - Mohanpur, P.S. - Babubarhi, Dist. - Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Ms.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code read with Sections 30(a) (c) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 500 kg of jaggery used for making liquor form the petitioner's house and 4 litres of liquor is alleged to have been recovered from an empty field near the petitioner's house. Learned counsel for the petitioner submits that based on suspicion that the jaggery was to be used for making liquor, the present false case came to be instituted and as far as alleged

Patna High Court CR. MISC. No.11999 of 2022(2) dt.15-07-2022 2/2 recovery is concerned, that is from a field near to the house of the petitioner which is accessible to the public and as such it cannot be alleged that it was the petitioner who had kept the liquor in the field.

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

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Babubarhi P.S. Case No. 77 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T