Dahaur Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18553 of 2020 Arising Out of PS. Case No.-254 Year-2019 Thana- SUPPI District- Sitamarhi ====================================================== Dahaur Paswan Son of Sakhichand Paswan Resident of Village - Rampur Kanth, P.S.- Suppi, Distt - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Suppi P.S. Case no. 254 of 2019 registered under sections 414, 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., a secret information having been received by the informant that Jitu Sahni along with other named co-accused persons including the petitioner herein were dealing with Nepali liquor, a raid was conducted and 811.5 litres of Nepali liquor was recovered from the river bed. It is submitted by learned counsel for the petitioner that the allegation of the petitioner being involved along with the

Patna High Court CR. MISC. No.18553 of 2020(2) dt.12-06-2020 2/2 aforesaid Jitu Sahni is false. He has no criminal antecedent. It is further submitted that Jitu Sahni himself has been enlarged on anticipatory bail vide order passed in Cr.Misc.No.11117 of 2020 by order dated 11.6.2020.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent and grant of bail to the co-accused Jitu Sahni, this Court is inclined to enlarge the petitioner on 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 Suppi P.S. Case No.254 of 2019, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II-cum- Special Judge, Excise Act, Sitamarhi, subject to the conditions as laid down in section 438(2) Cr.P.C.

Bibhash/- (Partha Sarthy, J) U T