Badri Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37651 of 2022 Arising Out of PS. Case No.-57 Year-2022 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.

Badri Paswan Son Of Late Bauku Paswan R/O- Vill- Kothiya, Ward No.-6, P.S.-Bhairavsthan, Dist.- Madhubani, Pin-847404, Bihar 2.

Ramdev Paswan Son Of Batohi Paswan R/O- Vill- Kothiya, Ward No.-6, P.S.-Bhairavsthan, Dist.- Madhubani, Pin-847404, Bihar 3.

Baldev Paswan Son Of Batohi Paswan R/O- Vill- Kothiya, Ward No.-6, P.S.- Bhairavsthan, Dist.- Madhubani, Pin-847404, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivnandan Bharti For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2022 Learned counsel for the petitioner is pressing this application only against petitioner no.1.

Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bhairavsthan P.S. Case no. 57 of 2022 instituted for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Excise and Prohibition Act.

The prosecution case related to recovery of incriminating country made liquor from behind the house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.37651 of 2022(3) dt.12-10-2022 2/2 offence. The Petitioner has falsely been implicated in this case due to dirty village politics. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. He has got no criminal antecedent. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bhairavsthan P.S. Case no. 57 of 2022, 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 Special Judge, Excise Act, Jhanjharpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U