Patna High CourtCR. MISC./46914/2023bail granted

Munna Paswan v. The State Of Bihar

2023-07-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46914 of 2023 Arising Out of PS. Case No.-706 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== MUNNA PASWAN Son of Hiraman Paswan Resident of village - Dhanupura, P.S. - Ara Town, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indra Bhushan Tiwary, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 20 liters of liquor from the possession of Bharat Paswan.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on confessional statement of Bharat in police custody which does not have any evidentiary

Patna High Court CR. MISC. No.46914 of 2023(2) dt.24-07-2023 2/2 value, it is next submitted that police in mechanical manner implicated the petitioner, being brother of Bharat Paswan, when petitioner is having property dispute with him.

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

6. 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 trial court 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 trial court where the case is pending/successor court in connection with Ara Town P.S. Case No. 706 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T