Amar Paswan @ Amar Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40685 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- PANDAUL District- Madhubani ====================================================== 1.
AMAR PASWAN @ AMAR KUMAR PASWAN Son of Puran Paswan Resident of Mohalla - Karpuri Chouk, Pandaul, P.S.- Pandaul, Distt - Madhubani.
2.
Santosh Panjiyar @ Santosh Kumar Panjiyar Son of Baidnath Panjiyar Resident of Mohalla - Pandaul, P.S.- Pandaul, Distt - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha For the Opposite Party/s :
Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2019 This application, for grant of anticipatory bail, arises out of Pandaul P.S. Case No. 39 of 2019, disclosing offences under Sections 272, 273 of the Indian Penal Code and Section 30(a), 36, 38(i), 41(i) of the Excise Act.
Allegation is that police on information that petitioners and co-accused were selling the liquor at Salhesh Asthan, raided the police and apprehended one person and recovered 1 litre and 260 ML of liquor and petitioners succeeded in fleeing away and the name of petitioners have been disclosed by the apprehended co-accused. Apart from that petitioner no. 2 is accused in two more cases of similar nature. Submission of learned counsel for the petitioners is
Patna High Court CR. MISC. No.40685 of 2019(2) dt.02-07-2019 2/3 that from the F.I.R. itself it is evident that nothing has been recovered form the petitioners and their names have been disclosed by the co-accused.
Heard learned A.P.P. also.
Having heard both sides, so far petitioner no. 2 is concerned, considering the facts and circumstances as well as the fact that petitioner no. 2 is an accused in two more cases of similar nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner no. 2 rather he may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.
So far petitioner no. 1 is concerned, in the event of his arrest or surrender before the court below within six weeks, he is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge -II cum Special Judge Excise Act, Madhubani, in connection with Pandaul P.S. Case No. 39 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.40685 of 2019(2) dt.02-07-2019 3/3 With the above observation and direction, this application is disposed of.
(Vinod Kumar Sinha, J) sunilkumar/- U T