Dilip Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18337 of 2023 Arising Out of PS. Case No.-386 Year-2022 Thana- DAGARUA District- Purnia ====================================================== DILIP KUMAR PASWAN SON OF BALRAM PASWAN RESIDENT OF VILLAGE- CHHOTI CHATAR, PS FALKA ( WRONGLY MENTIONED AT THE TOP OF IMPUGNED ORDER AS PO/ PS- DHANETHA ), DISTRICT KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, 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 offences punishable under Sections 30(a), 41 and 47 of the Bihar Excise Act and Sections 272 and 273 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 23.250 liters of liquor from a car along with a mobile and Md. Aftab and Rohit were arrested. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next

Patna High Court CR. MISC. No.18337 of 2023(3) dt.22-05-2023 2/2 submitted that he came to be implicated being owner of the car, it is further submitted that no prudent person would misuse his own vehicle for committing a crime and thus would get implicated easily, when admittedly petitioner is a person with clean antecedent.

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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dagarua P.S. Case No. 386 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T