Ashlok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6854 of 2018 Arising Out of PS. Case No.-195 Year-2017 Thana- DEHRI TOWN District- Rohtas ====================================================== ASHLOK PASWAN, son of Binod Paswan, resident of Village- Mathuri Tola, P.S. Dehri (T), District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. SRI KHURSHID ANWAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 38(a), 41(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 11 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the co-accused Basant Kumar. Except for this, there is no other substantive evidence to suggest the

Patna High Court Cr.Misc. No.6854 of 2018(2) dt.07-02-2018 2/2 implication of the petitioner in this case. It is alleged that 11 liters wine is recovered from possession of co-accused Basant Kumar. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II,-cumSpecial Judge, Excise, Rohtas, Sasaram in connection with Dehri (Town) P.S. Case No. 195 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T