Birju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18694 of 2022 Arising Out of PS. Case No.-239 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Birju Paswan Son Of Dinesh Paswan @ Dineshwar Paswan Resident Of Village - Dighi Khurd Purvi, P.S.- Hajipur Sadar, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 32(i), 32(iii), 40(i), 42(ii) of the Bihar Prohibition & Excise Act.

There is recovery of 80 litres of country made liquor from a tempo and two persons fled away from the place of occurrence. Local people disclosed the name of the petitioner and the driver as the persons who fled away from the place of seizure.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.18694 of 2022(2) dt.13-10-2022 2/2 that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized tempo or with the illicit liquor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Excise and Prohibition Court II-cumAdditional District and Sessions Judge, Hajipur, Vaishali in connection with C2A 239 of 2021 arising out of PR No. 49 of 2021 , subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T