Bhuar Paswan @ Bhuwar Paswan @ Amitabh Bachachan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55387 of 2021 Arising Out of PS. Case No.-1015 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== Bhuar Paswan @ Bhuwar Paswan @ Amitabh Bachachan Paswan Son of Dukhdavan Paswan @ Dukhdavan Pasvan Resident of Village - Arang, P.s.- Dinara (Bhanas), Dist.- Rohtas at Sasaram.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prakash Singh For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-02-2022 Heard both the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Sasaram (Town) P.S. Case No.1015 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is being sought to be arrested on the basis of statement of other co-accused who have alleged that the petitioner was sitting in the car from which liquor has been recovered.

Taking into consideration the over all aspect, I am satisfied that no case under 30(a) of the Excise Act is made out against the petitioner, I am inclined to grant anticipatory bail to

Patna High Court CR. MISC. No.55387 of 2021(2) dt.24-02-2022 2/3 the petitioner and in the event of arrest, he shall be released on bail subject to conditions as laid down under section 438 (2) of the Cr.P.C., which are as under:-

1. The petitioner, namely, Bhuar Paswan @ Bhuwar Paswan @ Amitabh Bachachan Paswan shall furnish personal bond with his recent self-attested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer.

2. The petitioner shall cooperate with the investigation and make himself available for interrogation whenever required.

3. The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer,

4. The petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

5. The petitioner shall not leave the territory of Rohtas without prior permission of the court, till trial is over;

6. The petitioner shall maintain law and order;

7. The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the

Patna High Court CR. MISC. No.55387 of 2021(2) dt.24-02-2022 3/3 investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;

8. The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

9. The petitioner shall regularly remain present during the trial and cooperate with the Hon'ble court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) amit/- U T