Shailesh Kumar @ Shailesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41538 of 2022 Arising Out of PS. Case No.-238 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== 1.

Shailesh Kumar @ Shailesh Paswan Son Of Nandu Paswan @ Nankhu Paswan Resident Of Village - Sonhathu, P.S.- Haspura, Distt.- Aurangabad. 2.

Nandu Paswan @ Nanhku Paswan, Son Of Dinanath Paswan Resident Of Village - Sonhathu, P.S.- Haspura, Distt.- Aurangabad. 3.

Anil Kumar @ Anil Paswan Son Of Dinanath Paswan Resident Of Village - Sonhathu, P.S.- Haspura, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Anand, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 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 30(a) of the Bihar Prohibition and Excise Act, 2018. It is a case of recovery of illicit liquor from a Satmurat Khochi Badhar near Peeple tree.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that they have no concern with the seized liquor and no incriminating article has been recovered from the

Patna High Court CR. MISC. No.41538 of 2022(2) dt.17-10-2022 2/2 conscious or constructive possession of the petitioners and petitioners have not been apprehended at the spot. He further submits that similarly situated co-accused have been granted anticipatory bail by this Court passed in Cr. Misc. No. 35739 of 2022. 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 Additional District & Sessions Judge-cum-Special Judge, Excise-II, Aurangabad in connection with Haspura P.S. Case No. 238 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 T