Patna High CourtCR. MISC./45519/2023bail granted

Rakesh Paswan v. The State Of Bihar

2023-07-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45519 of 2023 Arising Out of PS. Case No.-257 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Rakesh Paswan, S/O Banai Paswan R/O Village/ Mohalla- Sohai, P.SVaishali, Distt.- Vaishali. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Binod Kumar No.3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023

1. 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 for the offences punishable under Sections 30(a), 32(ii)(iii), 36, 41(i) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 1086 litres of liquor from the premises of ply mill of Sanjay Rai.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on secret information, which is the easiest way to implicate someone. It is next submitted that petitioner is not

Patna High Court CR. MISC. No.45519 of 2023(2) dt.20-07-2023 2/2 the owner of the ply mill.

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

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 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court No.II, Muzaffarpur in connection with Saraiya P. S. Case No.257 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T