Dharmendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27905 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- ANGARGHAT District- Samastipur ====================================================== 1.
DHARMENDRA PASWAN Son of Late Sinheshwar Paswan @ Singheshwar Paswan Resident of village-Harpur Rewari, Khairawan Tola, Police Station-Angharghat, District-Samastipur 2.
SUNITA DEVI Wife of Dharmendra Paswan Resident of village-Harpur Rewari, Khairawan Tola, Police Station-Angharghat, District-Samastipur 3.
SANJU DEVI Wife of Vijay Paswan Resident of village-Harpur Rewari, Khairawan Tola, Police Station-Angharghat, District-Samastipur 4.
VIJAY PASWAN Son of Late Sinheshwar Paswan @ Singheshwar Paswan Resident of village-Harpur Rewari, Khairawan Tola, Police StationAngharghat, District-Samastipur 5.
SANJAY PASWAN Son of Late Sinheshwar Paswan @ Singheshwar Paswan Resident of village-Harpur Rewari, Khairawan Tola, Police StationAngharghat, District-Samastipur 6.
PUNAM DEVI Wife of Sanjay Paswan Resident of village-Harpur Rewari, Khairawan Tola, Police Station-Angharghat, District-Samastipur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.27905 of 2023(2) dt.17-05-2023 2/3 petitioners are persons with clean antecedent, petitioner nos. 2, 3 and 6 are women and allegation is of recovery of 17 litres liquor from house of petitioner no. 4, 15 litres liquor from the house of petitioner no.1 and15 litres from house of petitioner no.5. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that the house is a joint family property as such it cannot be alleged with certainty that it were the petitioners who had kept the liquor in the house or the liquor kept in the house was within their knowledge and they came to be implicated based on secret information, when admittedly they are persons with clean antecedent.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is
Patna High Court CR. MISC. No.27905 of 2023(2) dt.17-05-2023 3/3 pending/successor court in connection with Angarghat P.S. Case No. 19 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T