Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11644 of 2018 Arising Out of PS.Case No. -160 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ====================================================== Manoj Paswan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== 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 Hasanpur PS case no. 160 of 2017 registered for the offences punishable under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 34 liters of illicit liquor from a sumo vehicle.

The learned counsel for the petitioner submits that neither any recovery has been made from the conscious possession of the petitioner nor the petitioner is the owner of the said vehicle. It is further submitted that barring one case in which the petitioner is on bail, the petitioner is having a fair antecedent. Considering the nature of accusation levelled against

Patna High Court Cr.Misc. No.11644 of 2018 (2) dt.27-02-2018 2/2 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 Additional Sessions Judge 6th -cum- Special Judge, Excise Act, Samastipur in connection with Hasanpur PS case no. 160 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T