Manoj Paswan @ Khargoswa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15710 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- DHAKA District- East Champaran ====================================================== MANOJ PASWAN @ KHARGOSWA Son of Late Ramaayodhya Paswan @ Makai Paswan Resident of Village- Chainpur Dhaka, P.S.- Dhaka, DistrictEast Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 33 litres of liquor out of which 21 litres is alleged to have been recovered from the house of the petitioner and 12 litres from a place near his house. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot, as such, nothing

Patna High Court CR. MISC. No.15710 of 2022(3) dt.29-07-2022 2/2 was recovered from his conscious possession. It is next submitted that though the allegation is of recovery of liquor from the house of the petitioner but from perusal of the seizure list, it would manifest that the seizure was made in the police station which creates doubt with regard to the veracity of the allegation.

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

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dhaka P.S. Case No. 01 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T