Raju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62096 of 2017 Arising Out of PS.Case No. -273 Year- 2017 Thana -BARHARA District- BHOJPUR ====================================================== Raju Paswan S/o Bisuna Nath Paswan, R/o Village- Jhakhipur, P.s.- Krishna Garh, O.P., District- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shiv Prasad Gupta, Advocate. For the Opposite Party : Mr. Umeshnand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that 29.700 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 29.700 liters wine is recovered from the vehicle in question. The name of the petitioner has come on the

Patna High Court Cr.Misc. No.62096 of 2017 (2) dt.19-12-2017 2/2 basis of confessional statement of co-accused Munna Gaur made before police as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. 4, Ara, in connection with Barahara P.S. Case No. 273 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T