Binod Paswan @ Kamaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39121 of 2020 Arising Out of PS. Case No.-82 Year-2020 Thana- KHAGAUL District- Patna ====================================================== Binod Paswan @ Kamaldar, aged about 25 years, male, Son of Late Kapil Paswan, Resident of Village- Rampur Garikhana, P.S.- Khagaul, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-04-2021 Heard Mr. Ghanshyam Tiwary, learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Khagaul P.S. Case No. 82 of 2020 (Special Case No. 2935/2020), dated 20.03.2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Patna High Court CR. MISC. No.39121 of 2020(2) dt.29-04-2021 2/3 8 litres of liquor is said to have been recovered from the dickey of a scooter and the petitioner is stated to have fled away from the place of the raid.

The learned counsel for the petitioner has submitted that he has falsely been implicated in this case. It has further been submitted that the petitioner is not the owner of the vehicle in question and he has no concern at all with the seized liquor.

The petitioner does not have criminal antecedents. Regard being had to the facts afore-stated and taking into account the fact that one of the other co-accused person, namely, Niranjan Kumar has been granted anticipatory bail by a Bench of this Court, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Khagaul P.S. Case No. 82 of 2020 (Special Case No.

Patna High Court CR. MISC. No.39121 of 2020(2) dt.29-04-2021 3/3 2935/2020), subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T