Sonu Paswan @ Kali Paswan @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34094 of 2024 Arising Out of PS. Case No.-751 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Sonu Paswan @ Kali Paswan @ Sonu Kumar Son Of Chandeshwar Paswan @ Bachcha Paswan Resident Of Village - Bishunpur Basant @ Subhai , P.S.- Hajipur Sadar, Dist- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Subodh Prasad For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 353, 504 and 34 of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 25 litres of liquor from the house of Bablu Sah.

4. 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 alleged

Patna High Court CR. MISC. No.34094 of 2024(2) dt.10-05-2024 2/3 recovery is from a place, which does not belong to the petitioner and he came to be implicated at the instance of Chaukidar on the allegation that when police arrested Radha Devi, the petitioner objected. It is further submitted that petitioner has no concern with Radha Devi and Bablu Sah and it is not the case of the prosecution that petitioner was involved in the occurrence of dealing in illicit liquor.

5. Learned A.P.P. opposes the bail application.

6. 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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P. S. Case No.751 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the

Patna High Court CR. MISC. No.34094 of 2024(2) dt.10-05-2024 3/3 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U