Ashok Paswan @ Ashlok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34408 of 2023 Arising Out of PS. Case No.-971 Year-2022 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

ASHOK PASWAN @ ASHLOK PASWAN Son of Binod Paswan Resident of village-Mathuri Tola, Police Station-Dehri Town, District-Rohtas 2.

BANWAR PASWAN @ KANWAR PASWAN Son of Binod Paswan Resident of village-Mathuri Tola, Police Station-Dehri Town, DistrictRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 60 liters of liquor from a bush near a Shiv Temple. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and even the alleged recovery is from a place which is accessible to public at

Patna High Court CR. MISC. No.34408 of 2023(2) dt.20-06-2023 2/2 large and does not belong to the petitioners and they came to be implicated at the instance of nearby people but then the FIR does not disclose who were the people who disclosed the name of the petitioners.

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

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 1,000/- (Rupees One Thousand) each 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 Dehri Town P.S. Case No. 971 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T