Shivjee Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33058 of 2024 Arising Out of PS. Case No.-502 Year-2023 Thana- BATHNAHA District- Sitamarhi ====================================================== Shivjee Paswan S/O Ratneshwar Paswan R/O Village- Dighi, P.S- Bathnaha, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-05-2024

1. Heard learned counsel for the petitioner as well as 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 Bihar Prohibition and Excise Act in connection with Bathnaha P.S. Case No.502 of 2023.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 06 liters of liquor from a the hut of the petitioner.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious

Patna High Court CR. MISC. No.33058 of 2024(2) dt.07-05-2024 2/3 possession and even alleged recovery is from a place which does not belong to the petitioner, but the police in a mechanical manner alleged that the liquor was recovered from his house, when it has been specifically asserted in the anticipatory bail application at para-8 & 9 that the hut does not belong to the petitioner and he came to be implicated based on secret information, which is the easiest way to implicate someone.

5. The learned APP for the State opposes the anticipatory 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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Sitamarhi in connection with Bathnaha P.S. Case No.502 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is further made clear that the learned trial court shall also verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more

Patna High Court CR. MISC. No.33058 of 2024(2) dt.07-05-2024 3/3 than two case, then also the present anticipatory bail order shall not be given effect to.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T