Ajit Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50197 of 2023 Arising Out of PS. Case No.-182 Year-2023 Thana- BATHNAHA District- Sitamarhi ====================================================== 1.
AJIT PASWAN Son of Chhathu Paswan @ Chhaththu Paswan Resident of village - Amghatta, P.s. - Sitamarhi, Distt. - Sitamarhi 2.
Vijay Paswan Son of Mangar Paswan Resident of village - Amghatta, P.s. - Sitamarhi, Distt. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Lal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 414 of the IPC and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the petitioner no. 1 has antecedent of one case and petitioner no. 2 has antecedent of two cases and allegation is of recovery of 270 liters of liquor from a Santro car.
4. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and they came to
Patna High Court CR. MISC. No.50197 of 2023(2) dt.23-08-2023 2/2 be implicated based on confessional statement of Suraj Paswan in police custody which does not have any evidentiary value, it is next submitted that petitioners are not the owners of the alleged seized vehicle.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. 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. 15,000/- (Rupees Fifteen 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 Bathnaha P.S. Case No. 182 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T