Umesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51107 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- KHAGARIA District- Khagaria ====================================================== Umesh Paswan son of Gajadhar paswan Village- Lohiyanagar Ps- Chitragupat Nagar Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Khagaria P.S. Case No.209 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 05 liters of liquor along with 17 bottles of codeine from Basa of the petitioner.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and Basa is a place outside the house which is accessible to public at large. It is next submitted that no prudent person would use his own premises for committing an

Patna High Court CR. MISC. No.51107 of 2024(2) dt.20-07-2024 2/3 occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that someone inimical to the petitioner and his family planted meagre amount of liquor along with codeine syrup to implicate him and his family members.

5. The learned APP for the State opposes the anticipatory 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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Ist, Khagaria in connection with Khagaria P.S. Case No.209 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given

Patna High Court CR. MISC. No.51107 of 2024(2) dt.20-07-2024 3/3 effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T