Patna High CourtCR. MISC./17298/2024bail granted

Sidharth Paswan @ Churawan Paswan @ Sidharth Kumar v. The State Of Bihar

2024-03-18Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17298 of 2024 Arising Out of PS. Case No.-213 Year-2022 Thana- MALSALAMI District- Patna ====================================================== Sidharth Paswan @ Churawan Paswan @ Sidharth Kumar son of Om Prakash Paswan @ Gard Paswan Village- Nakhasha Machua toli Ps-Malsalami district- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindeshwar Prasad Singh For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-03-2024

1. 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 offence punishable under Sections 30(a)/36 of Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases and allegation is of recovery of 15 litres of liquor from a bag. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belong to the petitioner and he came to be implicated by the local people because of his antecedents but then the name of the person who disclosed the

Patna High Court CR. MISC. No.17298 of 2024(2) dt.18-03-2024 2/2 name of the petitioner is not mentioned in the F.I.R., which casts an aspersion on the case of the prosecution.

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

5. 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.15000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Malsalami P.S. Case No.213/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T