Patna High CourtCR. MISC./13638/2020bail granted

Binay Paswan v. The State Of Bihar

2021-11-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13638 of 2020 Arising Out of PS. Case No.-1023 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== BINAY PASWAN S/o Chaneshwar Paswan Resident of Mohalla- Bari Pahari, Mushahari, P.S.- Agamkuan, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Agamkuan P.S. case No.1023/2019 registered under Sections 30(a), 36 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 50 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case as the alleged recovery is made from the joint house of the petitioner

Patna High Court CR. MISC. No.13638 of 2020(4) dt.16-11-2021 2/2 where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 50 liters wine is recovered from the joint house of the petitioner. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Agamkuan P.S. case No.1023/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.