Bachcha Paswan @ Bachcha Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42015 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== BACHCHA PASWAN @ BACHCHA KUMAR Son of Late Lalu Paswan @ Lallu Paswan Resident of Ambedkar Nagar, Nadi Par, Narkatiaganj, P.S. - Shikarpur, Distt. - West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 120(B) of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 609.240 litres of liquor from a tractor. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of Chowkidar with whom he is on an

Patna High Court CR. MISC. No.42015 of 2023(2) dt.05-07-2023 2/2 inimical term, it is further submitted that the Chowkidar in order to save the real culprits falsely implicated the petitioner when petitioner admittedly is a person with clean antecedent and is not the owner of the tractor.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shikarpur P.S. Case No. 23 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T