Ramchandra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32635 of 2024 Arising Out of PS. Case No.-392 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== Ramchandra Paswan Son of Late Munna Lal Paswan Resident of VillageLakshmipur Shayat, Ward No.01, P.S - Raghopur, Dist. - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Thakur, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-05-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The petitioner seeks anticipatory bail, apprehending his arrest, in connection with Raghopur P.S. Case No. 392 of 2023, dated 19.10.2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018.
3. As per allegation, altogether 235 litres and 500 ml nepali country made liquor has been recovered from the bush.
4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that as per the alleged facts and circumstances no case under Excise Act is made out against the Petitioner because no illegal liquor been recovered from the
Patna High Court CR. MISC. No.32635 of 2024(2) dt.22-05-2024 2/3 personal possession of the Petitioner. He further submits that the recovery has been made from open space and the Petitioner is no way connected with that.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Excise Judge-II, Supaul, in connection with Raghopur P.S. Case No. 392 of 2023, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court
Patna High Court CR. MISC. No.32635 of 2024(2) dt.22-05-2024 3/3 below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) chandan/manishU T