Shiv Narayan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37752 of 2018 Arising Out of PS. Case No.-65 Year-2018 Thana- Karpi District- Jehanabad ====================================================== Shiv Narayan Paswan Son of Nanhak Paswan Resident of Village-Pakadi, P.S. Karpi, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh For the Opposite Party/s :

Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-07-2018 Heard Sri Ranjay Kumar Singh, learned counsel for the petitioner and Sri Ramchandra Sahni, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Karpi (Sahar Telpa O.P.) P.S. Case No. 65 of 2018 registered for offence under Sections 272, 273 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail.

At the very outset, learned counsel for the petitioner has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. He further submits that in this case, petitioner has falsely been made accused. In the case, recovery of 7.5 litre of Indian make foreign liquor and 2 litre of country-made liquor was shown from the dicky of a motorcycle, which was not belonging to the

Patna High Court Cr.Misc. No.37752 of 2018(2) dt.03-07-2018 2/2 petitioner, however; maliciously petitioner has been arrayed as accused in the present case. By way of referring to statement made in paragraph -7 of the petition, it has been argued that petitioner has got no connection with the said motorcycle. Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail.

However, considering the nature of accusation as well as clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Shiv Narayan Paswan 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 Additional Sessions Judge - II, Jehanabad in connection with Karpi (Sahar Telpa O.P.) P.S. Case No. 65 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T