Shikandar Paswan @ Sikander Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.30983 of 2018 (2) dt.05-06-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30983 of 2018 Arising Out of PS.Case No. -344 Year- 2017 Thana -MALSALAMI District- PATNA ======================================================
1. Shikandar Paswan @ Sikander Paswan son of Ashok Paswan R/o - Prdamariya, P.S. - Malsalami, District - Patna. .... .... Petitioner
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Sri Shailendra Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Special Case No. 9053 of 2017 arising out of Malsalami Police Station Case No. 344 of 2017, disclosing offences under Sections 272 and 373 of Indian Penal Code and 30(a), 38 and 41 of Bihar Prohibition Excise Act, 2016.
Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged recovery country-made liquor was recovered from the open road, which is evident from seizure list and the petitioner has no concern with the alleged recovery. Nothing has been recovered from the
Patna High Court Cr.Misc. No.30983 of 2018 (2) dt.05-06-2018 conscious possession of the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna, in connection with Special Case No. 9053 of 2017 arising Malsalami Police Station Case No. 344 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T