Rajesh Paswan @ Rajesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31368 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- NTPC KHAIRA District- Aurangabad ====================================================== RAJESH PASWAN @ RAJESH RAM son of Sri Kauleshwar Paswan @ Bhund Paswan Resident of Village- Ankoraha, P.S. N.T.P.C. Khaira, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 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 is a person with clean antecedent and allegation is of recovery of 11.6 liters of liquor recovered from a place near a canal behind the house of Yogesh.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted even alleged recovery is from a place which is

Patna High Court CR. MISC. No.31368 of 2023(2) dt.23-05-2023 2/2 accessible to public at large and does not belong to the petitioner and he came to be implicated at the instance of local villagers, but then the FIR does not record the names of the villagers who disclosed the name of the petitioner which creates doubt with regard to the veracity of the allegations as alleged in the FIR, when admittedly petitioner is a person with clean 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khaira P.S. Case No. 44 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T