Amod Paswan @ Kamod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52231 of 2023 Arising Out of PS. Case No.-314 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== AMOD PASWAN @ KAMOD PASWAN S/O RAMESHWAR PASWAN @ RAMSHRAY PASWAN R/O VILLAGE- BHATINIYA, BHELAWA, P.SGHORASAHAN, P.S- GHORASAHAN, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mrs.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a), 41(i) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 4.200 liter of Nepali liquor has been recovered from a motor cycle and co-accused, Gagan Kumar was apprehended on the spot who disclosed the name of petitioner as the person who managed to escape.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is

Patna High Court CR. MISC. No.52231 of 2023(2) dt.24-08-2023 2/2 neither driver nor owner of the vehicle in question. Petitioner has got clean antecedent.

5. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

6. Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the Exclusive Special Excise Court-1, East Champaran, Motihari in connection with Ghorasahan PS case No. 314/ 2023, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T