Chhote Lal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30889 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- PATORI District- Samastipur ====================================================== Chhote Lal Paswan, Son Of Dilip Paswan Resident Of Village- Mirzapur, P.S.- Shahpur Patori, Dist. Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nityanand For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2022.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 69.120 litre of liquor from the house of Jai Prakash Ray and Sanju Devi was arrested, who disclosed the name of petitioner and others, who fled.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner has no concern with Jai Prakash Ray and Sanju

Patna High Court CR. MISC. No.30889 of 2023(2) dt.19-05-2023 2/2 Devi. Further, the alleged recovery is from the house of Jai Prakash Ray. It is further submitted that he came to be implicated based on confessional statement of Sanju Devi in police custody, which does not have any evidentiary value. Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-2, Samastipur in connection with Shahpur Patori P. S. Case No.138 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T