Patna High CourtCR. MISC./18505/2024bail granted

Santosh Paswan v. The State Of Bihar

2024-03-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18505 of 2024 Arising Out of PS. Case No.-309 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== Santosh Paswan, Son of Gobri Paswan Resident of Village- Uttari Madhubani, P.S.- Sangrampur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-03-2024

1. Heard learned counsel for the petitioner and 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), 32 and 41(1) of the Excise Act, 2022.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 76 litres of liquor from a bush.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place, which is accessible to public at large and does not being to the petitioner and he came to be

Patna High Court CR. MISC. No.18505 of 2024(2) dt.20-03-2024 2/2 implicated at the instance of Chaukidar with whom he is on an inimical term.

5. Learned A.P.P. opposes the 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.5,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, East Champaran at Motihari in connection with Sangrampur P. S. Case No.309 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) vikash/- U T