Gopal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11672 of 2020 Arising Out of PS. Case No.-481 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== Gopal Paswan, aged about 60 years (male) son of Late Ram Chandra Paswan, Resident of Village- Bariyarpur Bhangha, P.S. Sakra, Distt. Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-07-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Sakra P.S. Case No. 481 of 2019 registered under sections 272 and 273 of the Indian Penal Code and section 30(a)(c) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on a raid being conducted it is stated that about two litres of country liquor besides certain articles for manufacture of liquor were recovered from the hut/residence of the petitioner.

It is submitted by learned counsel for the petitioner that the allegation of recovery as made in the FIR is incorrect. Nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.11672 of 2020(4) dt.24-07-2020 2/2 the petitioner. The petitioner has no connection with the alleged recovery. He has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the quantity of recovery together with the alleged place of recovery being a hut and the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Sakra P.S. Case No. 481 of 2019 (G.R. No. 1971 of 2019), he shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Muzaffarpur subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U