Guddu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41284 of 2022 Arising Out of PS. Case No.-93 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Guddu Paswan S/O Banai Paswan R/O Village - Subhai, P.S.- Vaishali, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a), 41 of the Bihar Prohibition & Excise Act. There is recovery of 531 litres of Indian made Foreign Liquor from a truck. One person was apprehended who disclosed the name of the petitioner as the owner of the truck.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the

Patna High Court CR. MISC. No.41284 of 2022(2) dt.13-10-2022 2/3 spot. Nothing has been recovered from the conscious possession of the petitioner. Though the petitioner is owner of the truck in question but he has given the said vehicle on rent and he had no knowledge about illicit liquor being carried on his truck. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit a sum of Rs. 1,00,000/-(Rupees One Lakh) in the District Legal Services Authority, Muzaffarpur.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his 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 Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Muzaffarpur in connection with Minapur P.S. Case No. 93 of 2020, subject to the conditions as laid down under

Patna High Court CR. MISC. No.41284 of 2022(2) dt.13-10-2022 3/3 Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 1,00,000/-(Rupees One Lakh) in District Legal Services Authority, Muzaffarpur.

(Sunil Kumar Panwar, J) Shageer/- U T