Ram Dayal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30616 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== RAM DAYAL PASWAN Son of Ramashish Paswan Resident of Village - Malpur, P.S.- Khodabanpur, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Mufassil P.S. Case No. 81 of 2019, disclosing the offence punishable under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act.

As per the case of the prosecution, from a Scorpio vehicle, the police are said to have recovered one 750 ml bottle, one third of which was filled with foreign liquor. There were three-four persons in the car, one of them was apprehended and others ran away.

Learned counsel for the petitioner appears to be correct in his submission that no offence under the provisions of the Excise Act is made out, in the absence of any allegation that

Patna High Court CR. MISC. No.30616 of 2019(2) dt.09-05-2019 2/2 any prohibited item was allegedly in possession of this petitioner or he had consumed the alcohol.

Considering the facts and circumstances, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned A.D.J.-II-cum-Special Judge, Excise Act, Samastipur in connection with Mufassil P.S. Case No. 81 of 2019, subject to the condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T