Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31593 of 2020 Arising Out of PS. Case No.-75 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== SHANKAR PASWAN Son of Late Tetar Paswan Resident of Village - Madhura Soudh, Ward No. - 10, P.S. - Narpatganj, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. M.K. NiraLA, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Narpatganj P.S. Case no. 75 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, on a raid being conducted it is stated that 5 litres of country liquor was recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that the allegation of recovery is false and concocted. No incriminating article has been recovered from the person or house of the petitioner. There is violation of section 104 of the Cr.P.C, and the petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.31593 of 2020(2) dt.29-01-2021 2/2 The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Narpatganj P.S. Case no. 75 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-cum-Special Judge, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash/- U