Amrendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17028 of 2023 Arising Out of PS. Case No.-130 Year-2021 Thana- RISIYAP District- Aurangabad ====================================================== AMRENDRA PASWAN SON OF PRASAD PASWAN R/O VILL.- BIHARI BIGHA, P.S.- HUSSAINABAD, DISTT.- PALAMU (JHARKHAND) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Md. Shakir Ahmad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) 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 66.09 litres of liquor from a motorcycle and Chhottu Kumar was arrested.
Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated as he is the owner of the motorcycle. It is further submitted that no prudent person would use his own vehicle for committing a crime and thus would create evidence against
Patna High Court CR. MISC. No.17028 of 2023(3) dt.22-05-2023 2/2 himself and hence would get implicated, when admittedly petitioner is a person with clean antecedent. It is next submitted that petitioner was completely unaware that Chhottu Kumar would misuse the vehicle in the manner as alleged. 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 Risiyap P.S. Case No. 130 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T