Ranjit Paswan @ Indrajit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34868 of 2021 Arising Out of PS. Case No.-205 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== RANJIT PASWAN @ INARJIT PASWAN S/O- Late Bhavichhan Paswan @ Late Bhabhich Han Paswan Resident of Village - Malahi, P.S. - Majorganj, District - Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Learned counsel for the petitioner submits that in the main bail application, alias name of the petitioner has wrongly been typed as "Indrajit Paswan" in place of "Inarjit Paswan" and due to that, same mistake occurred in the cause, title of the case. Accordingly, office is directed to rectify the alias name of the petitioner as "Inarjit Paswan" in place of "Indrajeet Paswan". The petitioner is apprehending his arrest in Majorganj P.S. Case No. 205 of 2020 registered for the offence under Section-30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.34868 of 2021(2) dt.17-09-2021 2/3 The prosecution case, in short, is that 56.4 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. It is alleged that 56.4 liters wine is recovered from joint house of co-accused. The name of the petitioner has transpired in this case on the basis of disclosure made by local chowkidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in

Patna High Court CR. MISC. No.34868 of 2021(2) dt.17-09-2021 3/3 connection with Majorganj P.S. Case No. 205 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T