Sadan @ Sadan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30699 of 2019 Arising Out of PS. Case No.-647 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

Sadan @ Sadan Paswan Son of Ram Prit Paswan Resident of Village - Belthan, P.S.- Baktiyarpur, District- Patna 2.

Chunu Paswan @ Chandan Kumar @ Chunu @ Chandan Kumar Paswan Son of Anandi Paswan Resident of Village - Belthan, P.S.- Baktiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-07-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Apprehending their arrest in connection with Bakhtiyarpur P.S. Case No. 647 of 2018 registered for the offence under Sections 30(a) of Bihar Prohibition and Excise Act, 2016 the petitioners have preferred this application for grant of anticipatory bail.

As per the allegation in the F.I.R., seeing the police personnel, the accused persons left the sack that they were carrying and managed to escape. It is alleged that pouches of country made liquor were recovered from the said sack. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.30699 of 2019(3) dt.24-07-2019 2/2 that the allegation as levelled in the F.I.R. are false and concocted. They do not know any thing about the recovery of wine, no recovery took place from their possession and they have no criminal antecedent.

Having heard learned counsel for the petitioners and learned A.P.P for the State and taking into consideration the facts and circumstances of the case, as also that no recovery has taken place from the possession of the petitioners and they have no criminal antecedent, the court is inclined to enlarge the petitioners on bail. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today be enlarged on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Bakhtiyarpur P.S. Case No. 647 of 2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Partha Sarthy, J) aks/-rahul U