Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17493 of 2023 Arising Out of PS. Case No.-698 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

SHAMBHU PASWAN S/O LATE MAHESHWAR PASWAN R/O VILLAGE- RASANPUR, P.S- WARISALIGANJ, DISTT.- NAWADA. 2.

BHOLA MANJHI S/O SARYUG MANJHI R/O VILLAGE- RASANPUR, P.S- WARISALIGANJ, DISTT.- NAWADA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioner no. 1 is a person with clean antecedent and petitioner no. 2 has antecedent of one case and allegation is of recovery of 100 liters of liquor and 200 liters of Mahua jaggery solution from the place of occurrence.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.17493 of 2023(2) dt.10-05-2023 2/2 recovered from their conscious possession, it is next submitted that they came to be implicated based on disclosure of the Chowkidar with whom they are on an inimical term. It is also submitted that petitioner no.1 and Chowkidar often indulge in quarrel also.

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

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Warisaliganj P.S. Case No. 698 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T