Sudhir Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29622 of 2020 Arising Out of PS. Case No.-46 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== SUDHIR PASWAN S/o Ram Avatar Paswan Resident of Village-Mohuliya, P.S.-Mananpur, District-Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Om Prakash Maharaj For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal functioning of the court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a), 32, 41, 56 (a) and 37 (b) of the Bihar Prohibition and Excise Act, 2016.

10 liters of country made liquor is said to have been recovered from the maize field and the petitioner

Patna High Court CR. MISC. No.29622 of 2020(2) dt.25-01-2021 2/3 managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery. The place of recovery is an open place and easily accessible to anyone. Petitioner has no criminal antecedent. Petitioner is agreed to deposit a sum of Rs.3000.00 (Rupees Three Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi. .

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge Excise, Lakhisarai in connection with Lakhisarai Excise P.S. Case No.

Patna High Court CR. MISC. No.29622 of 2020(2) dt.25-01-2021 3/3 46C2 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.3000.00 (Rupees Three Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T