Rohit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22625 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- SATHI District- West Champaran ====================================================== Rohit Paswan Son Of Late Amirka Paswan R/O Village- Suarchhap, P.S.- Lauriya, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

5 litres of country made liquor has been recovered from the co-accused persons who were apprehended by the police and they disclosed the name of this petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Name of the petitioner surfaced in the case on the basis of disclosure made by the apprehended accused. It is submitted that nothing has been recovered from the conscious possession of the petitioner and petitioner has got no criminal

Patna High Court CR. MISC. No.22625 of 2022(2) dt.12-08-2022 2/3 antecedent as stated in paragraph-3 of the bail application. Petitioner is ready to deposit a sum of Rs.5,000/- (rupees five thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.

Taking into consideration the fact aforesaid and the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Sathi P.S. Case No.17 of 2022, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be own blood relative of the petitioner, preferably, father, mother, brother, sister and/or his wife.

Patna High Court CR. MISC. No.22625 of 2022(2) dt.12-08-2022 3/3 (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (Anjani Kumar Sharan, J.) Sanjay/- U T