Raja Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21827 of 2021 Arising Out of PS. Case No.-355 Year-2019 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== 1.
RAJA PASWAN S/O BINOD PASWAN R/o village- Bela Shankar, P.S.- L.N.M.U., District- Darbhanga 2.
BADAL PASWAN S/O KARI PASWAN R/o village- Bela Shankar, P.S.- L.N.M.U., District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-12-2021 At the outset, it is submitted by the learned counsel for the petitioners that during pendency of this application, petitioner no. 1, Raja Paswan, has been arrested and, as such, he seeks permission to withdraw this application. Permission is granted.
In view of the aforesaid submission, this application is dismissed as withdrawn against petitioner no. 1 namely Raja Paswan.
Now learned counsel for the petitioners is pressing this application only against petitioner no. 2. Heard learned counsel for the petitioners learned APP for the State.
Patna High Court CR. MISC. No.21827 of 2021(2) dt.22-12-2021 2/3 The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with L.N.M.U. P.S. Case no. 355 of 2019 instituted for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and under Sections 30 (a) of the Bihar Excise and Prohibition Act, 2016.
The prosecution story relates to recovery of 261 litres of illicit liquor .
Learned counsel appearing on behalf of the petitioner has submitted that petitioner no. 2 has no concern with recovered wine. It is further submitted that petitioner has not apprehended on the spot. Petitioner has no criminal antecedent. Learned APP for the State has opposed the prayer of bail.
Having heard learned counsel for the parties and the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner no. 2 on bail. The petitioner no. 2 is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with L.N.M.U. P.S. Case No. 355 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.21827 of 2021(2) dt.22-12-2021 3/3 to the satisfaction of learned ADJ II-cum-Special Judge (Excise Act), Darbhanga, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) khushbu/- U T