Akshay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24491 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- JAMHOR District- Aurangabad ====================================================== 1.

AKSHAY PASWAN S/o Ramnath Paswan R/oVillage- Jamhore, P.S.- Jamhore,District- Aurangabad.

2.

Sanjeet Ram S/o Late Arjun Das R/oVillage- Jamhore, P.S.- Jamhore,District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with regard to petitioner no. 1.

Permission is accorded.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner no. 2 apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 25.5 litre of liquor was recovered from two plastic

Patna High Court CR. MISC. No.24491 of 2022(2) dt.08-08-2022 2/2 bags in an open field.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that bags do not belong to the petitioner and he came to be implicated at the instance of local chawkidar with whom he is on an inimical term.

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 no. 2, 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 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jamhore P.S. Case No. 36 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T