Bhogendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40297 of 2022 Arising Out of PS. Case No.-142 Year-2021 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== 1.

BHOGENDRA PASWAN Son of Uttim Paswan Resident of Village - Raiyam, P.S. - Bhairabsthan, District - Madhubani. 2.

Prem Sagar Paswan @ Premsagar Paswan Son of Bhogendra Paswan Resident of Village - Raiyam, P.S. - Bhairabsthan, District - Madhubani. 3.

Bishnu Sagar Paswan Son of Bhogendra Paswan Resident of Village - Raiyam, P.S. - Bhairabsthan, District - Madhubani. 4.

Buchi Devi Wife of Kailash Paswan Resident of Village - Raiyam, P.S. - Bhairabsthan, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Prohibition and Excise Act, 2018.

It is a case of recovery of illicit liquor from a motorcycle.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He

Patna High Court CR. MISC. No.40297 of 2022(2) dt.13-10-2022 2/2 further submits that they have no concern with the seized liquor and the motorcycle and no incriminating article has been recovered from the conscious possession of the petitioners and petitioners have not been apprehended at the spot. He further submits that on the basis of secret information, the name of the petitioners were disclosed. Petitioners have clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Bhairabsthan P.S. Case No. 142 of 2021 giving rise to G.R. No. 2357 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U