Patna High CourtCR. MISC./53470/2023bail granted

Sita Ram Paswan @ Sheet Paswan v. The State Of Bihar

2023-08-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53470 of 2023 Arising Out of PS. Case No.-154 Year-2023 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== SITA RAM PASWAN @ SHEET PASWAN son of Late Bhikhari Paswan R/o- Kachhari Gachhi Ps- Mohiuddin Nagar Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 22 liters of liquor out of which 20 liters of liquor was recovered from a bush situated behind the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.53470 of 2023(2) dt.17-08-2023 2/2 recovered from his conscious possession and he came to be implicated based on secret information which is the easiest way to implicate someone, when admittedly the alleged recovery is from a place which does not belong to the petitioner rather is adjacent to his house.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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. 5,000/- (Rupees Five 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 Mohiuddin Nagar P.S. Case No. 154 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T