Raju Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27488 of 2024 Arising Out of PS. Case No.-751 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.
RAJU PASWAN SON OF LATE MOHAN PASWAN RESIDENT OF VILLAGE - SUBHAI MOHAN CHOWK, P.S. - HAJIPUR SADAR, DISTRICT - VAISHALI 2.
RAJAN PASWAN SON OF LATE MOHAN PASWAN RESIDENT OF VILLAGE - SUBHAI MOHAN CHOWK, P.S. - HAJIPUR SADAR, DISTRICT - VAISHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Singh For the Opposite Party/s :
Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-04-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 353, 504 and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 25 liters of liquor from the house of Bablu Sah.
4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.27488 of 2024(2) dt.10-04-2024 2/3 recovery is from a place which does not belong to the petitioners and they came to be implicated at the instance of Chowkidar with whom they are on an inimical term. It is further submitted that in majority of the cases police is implicating accused persons at the instance of Chowkidar or local people. It is also submitted that if the Chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. 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. 1,000/- (Rupees One 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 Hajipur Sadar P.S. Case No. 751 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioners shall verify the
Patna High Court CR. MISC. No.27488 of 2024(2) dt.10-04-2024 3/3 criminal antecedent of the petitioners and in the event if it is found that petitioners have antecedent of even one case in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Rishabh/- U T