Santosh Paswan @ Santosh Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12990 of 2022 Arising Out of PS. Case No.-131 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== Santosh Paswan @ Santosh Kumar Paswan Son Of Bholi Paswan R/O Village- Mohanpur, P.S.- Babubarhi, District- Madhubani ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Soban Asghar, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Sections 30 (a), 36 and 41(i) of the Bihar Prohibition and Excise Act. It is a case of recovery of illicit liquor from the Bolero Pick-up van.
It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that no incriminating article has been recovered from the conscious or constructive possession of the petitioner and the name of the petitioner came into light on the basis of confessional statement of apprehended co-accused Jaikant
Patna High Court CR. MISC. No.12990 of 2022(2) dt.12-08-2022 2/2 Paswan and who is the driver of the said vehicle. Petitioner has not been apprehended at the spot. Petitioner has clean antecedent.
Learned APP appearing for the State opposed the anticipatory bail.
Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Pandaul P.S. Case No. 131 of 2021 corresponding to G.R. No.1122 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U