Gupteshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28611 of 2024 Arising Out of PS. Case No.-331 Year-2023 Thana- ROHTAS District- Rohtas ====================================================== Gupteshwar Paswan S/o Lala Paswan Resident of Village- Tarwadih, P.S. Rohtas, District Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Kant For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that inadvertently at Para-3, it has been recorded that petitioner is a person with clean antecedent, when petitioner has antecedent of one case and the allegation is of recovery of 80 litres of liquor from the foothills of the jungle.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belong to the petitioner

Patna High Court CR. MISC. No.28611 of 2024(2) dt.16-04-2024 2/3 and is accessible to public at large and he came to be implicated at the instance of Chaukidar with whom he is on an inimical term. It is also submitted that if Chaukidar was aware of the involvement of the petitioner in the occurrence, then why he did not inform the police prior to institution of the present F.I.R., which cast an aspersion on the conduct of the Chaukidar.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2cum- Additional District & Sessions Judge, Rohtas at Sasaram in connection with Rohtas P. S. Case No.331 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in

Patna High Court CR. MISC. No.28611 of 2024(2) dt.16-04-2024 3/3 that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T