Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42481 of 2022 Arising Out of PS. Case No.-117 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== 1.

Sunil Paswan Son Of Ramayan Paswan @ Jhamlal Paswan Resident Of Village - Bansi Dihari, P.S.- Sahar, District - Bhojpur. 2.

Chunnu Paswan Son of Ramayan Paswan @ Jhamlal Paswan Resident of village - Bansi Dihari, P.S.- Sahar, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioners submits that petitioner is a person with clean antecedent. Allegation is of recovery of 12 litre of liquor from a hut situated at Baruhi forest.

Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.42481 of 2022(2) dt.29-08-2022 2/2 recovered from their conscious possession. He further submits that allegation of recovery is also from a place which is accessible to public at large and the hut does not belong to the petitioners. He further submits that petitioners came to be implicated at the instance of the local Chawkidar with a view to save the real culprits.

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

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each 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 Sahar P.S. Case No. 117 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T