Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32306 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- ROHTAS District- Rohtas ====================================================== MAHENDRA PASWAN Son of Late Jagan Paswan Resident of VillageSaraiya, P.S.- Amjhor, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, 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 Sections 30(a) and 37 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with four antecedent and allegation is of recovery of 70 liters of liquor from the place of occurrence concealed in straw from disputed land of Mahadev and Sahdev. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, even alleged recovery is from a place which does not belong to the petitioner and he came to be implicated based on secret information which

Patna High Court CR. MISC. No.32306 of 2023(2) dt.24-05-2023 2/2 is the easiest way to implicate someone, when admittedly the liquor has been recovered from the disputed land of Mahadev and Sahdev.

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. 20,000/- (Rupees Twenty 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 Rohtas (Amjhor) P.S. Case No. 82 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T