Nawal Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37492 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -SHEOHAR District- SHEOHAR ======================================================

1. Nawal Paswan, son of Dhuna Hajari @ Dhuna Paswan, resident of village - Jafarpur, P.S. Sheohar, District Sheohar.

2. Arjun Raut, son of Nathuni Raut, resident of village - Madhopur Anant, P.S. Sheohar, District Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 8/ 13-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Sheohar P.S. Case No.77 of 2017 instituted for the offence under Section(s) Section 30-a of the Bihar Prohibition & Excise Act, 2016. Counsel for the petitioner has submitted that name of this petitioner has been disclosed by Neeraj Kumar, who was apprehended by the police. In the seizure list, it is mentioned that alleged toddy was recovered from the road near bridge. Petitioner has no criminal antecedents.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within

Patna High Court Cr.Misc. No.37492 of 2017 (8) dt.13-11-2017 2/2 six weeks from today in connection with Sheohar P.S. Case No.77 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, Sheohar, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- U T