Mithilesh Paswan @ Mithlesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56553 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Mithilesh Paswan @ Mithlesh Paswan aged about 39 years (male) S/O Vindeshwar Paswan, Residence of vill/ Mohalla- Paroria, P.S- Warisnagar, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha, Adv For the Opposite Party/s :

Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Excise P.S.Case No. 162 of 2023 instituted under Section 30(a), 30C of Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 20 liters country made Chulai liquor was recovered from Bharna field from where wife of the petitioner was apprehended and it was disclosed that the petitioner has fled away from the place of occurrence.

Patna High Court CR. MISC. No.56553 of 2023(3) dt.04-09-2023 2/3

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that recovered chulai liquor does not belongs to the petitioner and it was recovered from an open field. There is no recovery from the conscious possession of the petitioner. Petitioner has fair antecedent. The allegation against the petitioner is general in nature.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 10,000/- ( ten thousand) with two sureties of the like amount to each to the satisfaction of the learned 2nd Special Judge Excise, Samastipur in connection with Excise P.S.Case No. 162 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) N.K/-

Patna High Court CR. MISC. No.56553 of 2023(3) dt.04-09-2023 3/3 U T