Arun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39075 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- SAHIYARA District- Sitamarhi ====================================================== ARUN PASWAN, age about 35 years, Gender Male, Son of Late Partap Paswan Resident of Village- Manria, P.S.- Sahiyara, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-06-2019 Heard both sides.

The petitioner apprehends his arrest in Sahiyara P.S. Case No.35 of 2019 registered under Sections 188, 272, 273 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise Act.

The police on secret information went to raid the house of the petitioner but seeing the police, two persons started fleeing away. One person namely, Vikram Kumar Singh was apprehended and petitioner was managed to flee away. The police recovered 99 pouches of nepali liquor from a field situated in front of the house of the petitioner and for that, the petitioner has also been made accused in the case. The learned counsel for the petitioner submits that recovery is made from an open field and there is no evidence

Patna High Court CR. MISC. No.39075 of 2019(2) dt.26-06-2019 2/2 that it was petitioner who had kept the liquor in the open field, therefore, it cannot be said that the recovery was made either from conscious or constructive possession of the petitioner. Petitioner has got no criminal antecedent.

Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released 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 the learned A.D.J. 2nd-cum-Special Judge, Sitamarhi in connection with Sahiyara P.S. Case No.35 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T