Bhopat Paswan @ Dinesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50564 of 2022 Arising Out of PS. Case No.-155 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== BHOPAT PASWAN @ DINESH PASWAN Son of Dhanuki Paswan R/O Village - Khan Jahanpur, Ajad Nagar, Ward No.- 5, P.S.- Cheriya Bariyarpur, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 20 litre of liquor from a plastic sack from the field of Chandan Saw.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the place, from where the alleged recovery
Patna High Court CR. MISC. No.50564 of 2022(2) dt.29-09-2022 2/2 was made, does not belong to the petitioner and he came to be implicated based on information provided to the S.H.O. It is also submitted that police deliberately implicated him because of his antecedent.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court within a period of six weeks from today, 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 trial court where the case is pending/successor court in connection with Cheriya Bariyarpur P.S. Case No. 155 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Gauravkr/- U T