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Patna High CourtCR. MISC./30687/2022allowed

Rambabu Paswan v. The State Of Bihar

2022-09-08Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30687 of 2022 Arising Out of PS. Case No.-92 Year-2022 Thana- BIHIA District- Bhojpur ====================================================== RAMBABU PASWAN S/o Late Daroga Paswan Resident of Village- Amrain Nawada, P.S.- Bihiya, Dist- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273, 353 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

105 litres of country made Mahua liquor has been recovered from a motorcycle. The petitioner is said to have fled away from the place of occurrence after seeing the police. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is submitted that the apprehended persons

Patna High Court CR. MISC. No.30687 of 2022(2) dt.08-09-2022 2/3 disclosed the name of the petitioner. It is also submitted that there is no recovery from the conscious possession of the petitioner.

Petitioner is agree to deposit a sum of Rs. 20,000/- (rupees twenty thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let 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 enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Bhojpur, Ara in connection with Behiya P.S. Case No.92 of 2022, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any

Patna High Court CR. MISC. No.30687 of 2022(2) dt.08-09-2022 3/3 similar offence till conclusion of the trial. (Anjani Kumar Sharan, J) Sanjay/- U T