Shyam Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51289 of 2023 Arising Out of PS. Case No.-301 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== SHYAM KUMAR PASWAN SON OF KARI PASWAN RESIDENT OF VILLAGE- KOSHAKAPUR, WARD NO. 11, PS- BIRPUR, DISTTSUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30 (a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 16.8 liters liquor from a motorcycle. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is the owner of the seized motorcycle and it is further submitted that no prudent person

Patna High Court CR. MISC. No.51289 of 2023(2) dt.08-08-2023 2/2 would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is further submitted that petitioner was completely unaware his neighbour who had taken his bike for getting medicine would misuse the vehicle in the manner as alleged. 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned court below/successor Court, where the case is pending/successor court in connection with Narpatganj (Basmatiya) P.S. Case No. 301 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Jyoti/-Rishabh U T