Banarsi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31298 of 2023 Arising Out of PS. Case No.-439 Year-2022 Thana- ROSERA District- Samastipur ====================================================== Banarsi Paswan, S/O- Ram Kishun Paswan Village- Ahira Kalyanpur Ward No-3, Ps- Rosera Dist- Samastipur At- Bhorha Bharwari Ps- Rosera DistSamastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Excise Act. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 04 litres of liquor from the house of the petitioner.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the house, which is a joint family property and thus, cannot be alleged with

Patna High Court CR. MISC. No.31298 of 2023(2) dt.23-05-2023 2/2 certainty that it was the petitioner, who had kept the liquor in the house or the liquor kept in the house was within his knowledge and he came to be implicated by local villagers, but then, the F.I.R. does not record the name of the villagers, who disclosed the name of the petitioner, which further creates doubt with regard to the veracity of allegation in the F.I.R. Learned A.P.P. opposes the bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Act01, Samastipur in connection with Rosera P. S. Case No.439 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T