Anuj Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62405 of 2017 Arising Out of PS.Case No. -593 Year- 2017 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== 1.
Anuj Paswan, son of late Bundel Paswan 2.
Pratap Paswan, son of late Bundel Paswean Both resident of village Khairabad, P.S. Bihar, Distt. Nalanda. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ganesh Sharma, Advocate. For the Opposite Party/s : Smt Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Bihar P.S. Case No. 593 of 2017 instituted for the offence under Sections 30, 30(A) and 30(D) of Bihar Excise (Amendment) Act, 2016. It is alleged that country made liquor and other articles were recovered from the house of the petitioners. The seizure list is enclosed with the First Information Report. The seizure list does not bear signature either of these petitioners or any of his family members.
It is mentioned in the written report that these petitioners managed to run away. As such, there is no recovery from conscious possession of these petitioners.
Patna High Court Cr.Misc. No.62405 of 2017 (2) dt.20-12-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bihar P.S. Case No. 593 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge (Excise), Nalanda at Biharsharif, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.