Meghnath Paswan @ Meghan Paswan @ Makhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28534 of 2018 Arising Out of PS. Case No.-185 Year-2017 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Meghnath Paswan @ Meghan Paswan @ Makhan Paswan S/o Pavittar Paswan Resident of Village- Phatehpur Ekara, P.S. Sadar Hajipur, Distt. Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Choudhary For the Opposite Party/s :

Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 30(a) and 35(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 1019.400 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the alleged recovery is made from the joint house of the petitioner where the other family members also reside. Except for this,

Patna High Court Cr.Misc. No.28534 of 2018(2) dt.08-05-2018 2/2 there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 1019.400 liters wine is recovered from the joint house of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-cum-Spl. Excise Judge, Vaishali at Hajipur in connection with Excise case No. C2A-185 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T