Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29638 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- SAKURABAD District- Jehanabad ====================================================== SANJAY PASWAN Son of Late Gopal Paswan Resident of village - Surdev Nagar (At present - Rustam Chak), P.S.- Shakurabad, Dist.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 10 litre of liquor from a plastic gallon near the house of the petitioner. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. He further submits that from perusal of the allegation as alleged in the FIR, it

Patna High Court CR. MISC. No.29638 of 2022(2) dt.12-08-2022 2/2 would manifest that the alleged recovery is from a place which is outside the house of the petitioner and based on the information disclosed by the local Chawkidar and Dafadar, the petitioner came to be implicated in the present case. He next submits that it appears that local Chawkidar and Dafadar with a view to save the real culprits have falsely implicated the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shakurabad P.S. Case No. 44 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T