Ramesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31775 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== RAMESH PASWAN SON OF LATE JAMUN PASWAN RESIDENT OF VILALGE WARD NO. 10, MURLIGANJ, PS- MURLIGANJ, DISTTMADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amitabh Sohan, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273, 419 and 420 of the Indian Penal Code and under Section 30(a) 32(i)(ii) and 41 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of total recovery of 164.16 liters of liquor from two vehicles and a field and Nandan along with Shiv was arrested.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is further submitted that one of the seized vehicle (Celerio) from which 44.28 liters

Patna High Court CR. MISC. No.31775 of 2023(2) dt.23-05-2023 2/2 of liquor was recovered, was registered in the name of the father of the petitioner based on which the petitioner came to be implicated. It is next submitted that no prudent person would his own vehicle for committing a crime and thus would create evidence against himself and hence would get implicated. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sabour P.S. Case No. 36 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T