Sawan Paswan @ Sawan Kumar @ Savan Paswan @ Savan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35230 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Sawan Paswan @ Sawan Kumar @ Savan Paswan @ Savan Kumar Son of Naresh Paswan Resident of Village - Hundahiya, P.S. - Mushrigharari, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 10 litres of liquor from Parmila Devi and Ramsagar Paswan and 4.5 litres of liquor from a place behind the house of the petitioner.

4.

Learned counsel for the petitioner submits that the 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.35230 of 2024(2) dt.16-05-2024 2/3 recovery is from a place which is accessible to public at large and does not belong to the petitioner and petitioner does not have any connection or relation with Parmila Devi and Ramsagar Paswan. It is further submitted that he came to be implicated by the local people but then the FIR does not disclose the name of the person who disclosed the name of the petitioner, which casts an aspersion on the case of the prosecution. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sadar Excise P.S. Samastipur Case No. 99 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of even one case in that

Patna High Court CR. MISC. No.35230 of 2024(2) dt.16-05-2024 3/3 event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T