Subodh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32798 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- RATANPUR District- Supaul ====================================================== Subodh Paswan Son Of Late Ashrafi Paswan Resident Of Village-Dhena Ward No. 6, P.S. Ratanpura, Distt- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha, Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 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 offences punishable under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of six cases and allegation is of recovery of 33 litres of liquor from N.H. 106 at Ratanpura. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Yogendra Paswan in police custody which does not have any evidentiary value. It is further submitted that police got the petitioner implicated
Patna High Court CR. MISC. No.32798 of 2023(2) dt.24-05-2023 2/2 because of his antecedent through Yogendra Paswan. 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. 30,000/- (Rupees Thirty 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 Ratanpura P.S. Case No. 15 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T