Nanhki Paswan @ Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16965 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== Nanhki Paswan @ Mukesh Paswan Son of Deepan Paswan Resident of vill.- Ishaqpur, P.S.-Mahnar, Distt.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-03-2024 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 offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 46.560 litres of from a place near the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that even alleged recovery is from a place which is adjacent to the house of the petitioner and is accessible to public at large

Patna High Court CR. MISC. No.16965 of 2024(2) dt.18-03-2024 2/2 and does not belong to the petitioner. It is next submitted that the petitioner came to implicated at the instance of Chowkidar with whom he is on an inimical term. It is further submitted that in 90 per cent of the cases, the innocent persons are been implicated at the instance of Chowkidar or by local people.

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

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,00/- (Rupees Five hundred) 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 Mahnar P.S. Case No.03 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) sanjeev/- U T