Patna High CourtCR. MISC./16043/2024disposed

Umesh Paswan v. The State Of Bihar

2024-03-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16043 of 2024 Arising Out of PS. Case No.-478 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== Umesh Paswan Son of Late Ramdhani Paswan R/o Village- Lakhanpur Pahad Bigha, P.O.- Bara, P.S.- Nabinagar, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024

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 Prohibition and Excise Amendment Act, 2018.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 30 liters of liquor from a bush near the road side house of the petitioner.

4. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from the conscious possession and even alleged recovery is from a place which does not belong to the petitioner and he came to be implicated merely for the reason that alleged recovery was from

Patna High Court CR. MISC. No.16043 of 2024(2) dt.13-03-2024 2/2 place which adjacent to his house.

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.500/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court No.1, Aurangabad in connection with Nabinagar P.S. Case No.478 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