Shravan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47836 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- BANDEYA District- Aurangabad ====================================================== 1.

SHRAVAN PASWAN Son of Kameshwar Paswan Resident of Village - Khoji, P.s.- Bandeya, Distt.- Aurangabad.

2.

RITU PASWAN SON OF KAMESHWAR PASWAN Resident of Village - Khoji, P.s.- Bandeya, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 156 liters of liquor loaded on a motorcycle and three other plastic sack from the alleged place.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that petitioners are neither the owner nor the driver of

Patna High Court CR. MISC. No.47836 of 2022(2) dt.04-11-2022 2/2 the alleged motorcycle and they came to be implicated at the instance of nearby villagers whose names are not disclosed in the FIR, it is also submitted that of late the police is implicating falsely people with clean antecedent alleging that their name was disclosed by unknown people.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bandeya P.S. Case No. 40 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T