Laxman Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.11407 of 2018 (2) dt.27-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11407 of 2018 Arising Out of PS.Case No. -246 Year- 2017 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Laxman Paswan, Son of- Panchu Paswan, Resident of Mohalla- Laxmi Sagar, P.S.- Chakkar Vishwa Vidayalaya, District- Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Vishwa Vidyalaya/L.N.M.U. P.S. Case No. 246 of 2017 and G.O. Case No. 160 of 2017 registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 9 liters of illicit liquor from the co-accused, namely, Suraj Chaudhary who is said to have disclosed the name of the petitioner. The learned counsel for the petitioner submits that neither any recovery has been made from the conscious possession of the petitioner nor from his house. The petitioner is said to be having a

Patna High Court Cr.Misc. No.11407 of 2018 (2) dt.27-02-2018 clean antecedent.

Considering the nature of accusation and the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV-cum-Special Judge (Excise), Darbhanga in connection with Vishwa Vidyalaya/L.N.M.U. P.S. Case No. 246 of 2017 and G.O. Case No. 160 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T