Babloo Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10831 of 2018 Arising Out of PS.Case No. -1634 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictDARBHANGA ====================================================== Babloo Paswan, Son of Dilip Paswan, resident of Village- Rampur Raut, P.S.- Kusheshwar Asthan, District- Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner seeks anticipatory bail in connection with G.O. (Excise) Case No. 1634 of 2017 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
The allegation is regarding recovery of 5.25 liters of illicit liquor at the instant of co-accused Guddu Paswan from the place situated outside the house of the petitioner. The learned counsel for the petitioner submits that neither any recovery has been effected from the person of the petitioner nor from his house. The learned counsel for the petitioner further submits that barring one case in which the
Patna High Court Cr.Misc. No.10831 of 2018 (2) dt.27-02-2018 2/2 petitioner is on bail, the petitioner is having a clean antecedent. Considering the nature of accusation levelled against the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.
Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Darbhanga in connection with G.O. (Excise) Case No. 1634 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) BTiwary/- U T