Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39968 of 2023 Arising Out of PS. Case No.-143 Year-2022 Thana- IMADPUR District- Bhojpur ====================================================== Sunil Paswan, Son Of Ram Pukar Ram @ Ram Pukar Paswan Resident Of Village -RAJPUR, Police Station - Imadpur, District- Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 The learned counsel for the petitioner seeks permission to rectify the father's name of the petitioner in the anticipatory bail application during course of the day. Permission is accorded.

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

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(c) of the Excise Act, 2022.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 400 litres of liquor of jaggery solution from a bush near bank of river Sone.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.39968 of 2023(2) dt.03-07-2023 2/2 petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of Chaukidar with whom he is on an inimical term. It is next submitted that even the alleged recovery is from a place which is accessible to public at large. The learned Additional Public Prosecutor opposes the anticipatory bail application.

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 Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Bhojpur, Ara in connection with Imadpur P. S. Case No.143 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T