Vijay Paswan @ Vijay Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44666 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- Tilakeshwar OP District- Darbhanga ====================================================== Vijay Paswan @ Vijay Kumar Paswan S/o Late Bhim Paswan R/o VillageGhordaur Chigri, P.S.-Kusheshwar Sthan, District-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand,Adv.

For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered in connection with Tilkeshwar PS Case No. 02/2024 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The learned counsel for the petitioner submits that the petitioner is a person of clean antecedent and the allegation is of recovery of 45 litres of liquor from a maize field. It is next submitted that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to the public at large and he came to be implicated at the instance of Chowkidar with who he

Patna High Court CR. MISC. No.44666 of 2024(2) dt.12-07-2024 2/2 is on an inimical term.

4. Learned A.P.P. opposes the bail application.

5. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rs. Five hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-II, (Excise Act), Darbhanga in connection with Tilkeshwar P. S. Case No. 02/2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

7. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent even in one case, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) perwez U T