Dashrath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51213 of 2016 Arising Out of PS.Case No. -124 Year- 2016 Thana -ITADHI District- BUXAR ====================================================== Dashrath Paswan son of Late Moti Lal Paswan, resident of village Dharampura, P.S. Itarhi, District Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272 and 273 of the Indian Penal Code and Section 47 of the Bihar Excise Amendment Act, 2016. Allegation is that 20 kgs rotten mahua contained in two plastic jars and 5 bottles foreign liquor of 180 ml were recovered from the possession of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 20 kgs of mahua and 900 ml foreign liquor is said to have been recovered from the possession of the petitioner. The petitioner is aged 72 years. There is no compliance of Section 100

Patna High Court Cr.Misc. No.51213 of 2016 (2) dt.29-11-2016 2/2 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Itarhi P.S. case No.124 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T