Ramsagar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37090 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== RAMSAGAR PASWAN SON OF BHOGENDRA PASWAN RESIDENT OF VILLAGE- RAIYAM, PS- BHAIRAVSTHAN, DISTT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Maniganchhi Police Station Case No. 201 of 2022, dated 01.10.2022, disclosing offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').

The prosecution case, as per the First Information Report, is that 10 liters of illicit liquor has been recovered from the splendor motorcycle belonging to the petitioner. Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has not committed any offence in the manner alleged. He further submits that the vehicle, in question, was sold by the petitioner,

Patna High Court CR. MISC. No.37090 of 2023(2) dt.26-07-2023 2/2 on 23.08.2022, in favour of co-accused Rabin Ram@Robin Ram, which would be evident from Annexure-2 to this application.

Regards being had to the submission made by the parties and taking into consideration the fact that the vehicle, in question, was transferred prior to the date of occurrence of 30.09.2022, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act-II, Darbhanga, in connection with Maniganchhi Police Station Case No. 201 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U √ T √