Nathun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49479 of 2019 Arising Out of PS. Case No.-157 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== NATHUN PASWAN, Male, aged about 45 years, S/O Raghuni Paswan @ Radhuni Paswan, resident of Village- Jorarpur, P.S.- Deepnagar, DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Deepnagar P.S. Case No. 157 of 2019, registered for the offence under Sections 272, 273, 290 of the Indian Penal code and under Section 30(a) of the Bihar Excise (Prohibition) Amendment Act, 2016.

Allegation has been made that 10 liters of liquor has been recovered from the joint house of the petitioner. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.

Looking to the quantum of liquor recovered from the house as also the fact that the petitioner has no criminal

Patna High Court CR. MISC. No.49479 of 2019(2) dt.07-08-2019 2/2 antecedent, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-III-cum-special Judge, Excise, Nalanda at Biharshrif, in connection with Deepnagar P.S. Case No. 157 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 06.08.2019 then his bail bond would not be accepted. (Shivaji Pandey, J) pawan/- U T