Sushil Paswan @ Lola @ Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38105 of 2018 Arising Out of PS. Case No.-81 Year-2018 Thana- Government Official Comp. DistrictMuzaffarpur ====================================================== Sushil Paswan @ Lola @ Sushil Kumar, Son of Late Ram Chandra Paswan, Resident of Mohalla- Behind Nitishwar Madhya Vidyalaya School Road, Maripur P.S.- Kazimohammadpur, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-07-2018 Heard Sri Hari Kishore Thakur, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Excise Case No. 81 of 2018 registered for offence under Sections 30(a) & 38 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail.

Learned counsel for the petitioner, by way of referring to statement made in paragraph - 3 of the petition, submits that petitioner is having clean antecedent. He further submits that in the present case, petitioner has falsely been made accused. By way of referring to prosecution report, it has been argued that the complainant, who is excise official, has stated that one person, after noticing the raiding party, throwing bag containing 8 different bottles of Indian make foreign liquor i.e.

Patna High Court Cr.Misc. No.38105 of 2018(2) dt.04-07-2018 2/2 total 1.47 litre, fled away and petitioner has been arrayed as accused, as someone disclosed the name of petitioner. In the prosecution report, it has not been indicated as to who was the person, who disclosed the name of petitioner. Besides hearing, I have also perused the material on record and after going through the same, I am of the opinion that it is a fit case for extending the privilege of anticipatory bail.

Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Sushil Paswan @ Lola @ Sushil Kumar be enlarged 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 Act, Muzaffarpur in connection with Excise Case No. 81 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T