Manjit Paswan @ Manjit Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53946 of 2022 Arising Out of PS. Case No.-146 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== MANJIT PASWAN @ MANJIT KUMAR PASWAN Son of Laxmi Paswan Resident of Village - Navtol Purani Pokhar Ward no.03, P.S.- Lakhnaur (R.S.O.P.), Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2022 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 Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 108 liters of liquor from a tank installed in the bathroom of Amar Nath Jha's semi-constructed house. 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

Patna High Court CR. MISC. No.53946 of 2022(2) dt.17-10-2022 2/2 submitted that he came to be implicated based on the confessional statement of the Kamlesh Kumar which has no evidentiary value, it is also submitted that the alleged place from where the recovery was made does not belong to the petitioner 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) each 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 Lakhnaur P.S. Case No. 146 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T