Amit Kumar Paswan @ Amit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31185 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul ====================================================== AMIT KUMAR PASWAN @ AMIT PASWAN son of Late Ramnath Paswan resident of Ward No. 16, Malhad Nagar Parishad, Supaul Ps + Po + distSupaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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 has antecedent of two cases.

Allegation is of recovery of 47.775 litres of liquor from the hut of Birju Paswan.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of co-accused in police custody which does not have any evidentiary value in the

Patna High Court CR. MISC. No.31185 of 2023(2) dt.19-05-2023 2/2 eye of law. It is further submitted that even the hut from where the alleged recovery was made does not belong to the petitioner and police falsely implicated him because of his antecedent. 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.10,000/- (Rupees Ten 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 Supaul Prohibition Case No. 70 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T