Ratan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3430 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- KOCHAS District- Rohtas ====================================================== RATAN PASWAN Son of Surendra Paswan Resident of Village - Shukhalpur, P.S.- Kargahar, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv.

: Mr. Rakesh Singh, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-11-2021 Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

Allegation against the petitioner is that there is recovery of 56.160 liters of foreign liquor from the Bolero Pickup Van. It has been submitted by learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in the basis of confessional statement of co-accused, namely, Abbu Kumar. It has further been submitted that there is no recovery from the conscious possession of the petitioner. The liquor was

Patna High Court CR. MISC. No.3430 of 2021(2) dt.18-11-2021 2/2 recovered from the Bolero Pick-up Van and the said vehicle does not belong to the petitioner. The petitioner has got no criminal incident.

Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IInd cum Special Judge, Excise, Rohtas at Sasaram, in connection with Kochas (Parasathua) P.S. Case No. 28/2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Kumar Panwar, J) amitkumar/- U T