Raju Paswan @ Ravi Ranjan Paswan @ Ravi Rajan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55618 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== RAJU PASWAN @ RAVI RANJAN PASWAN @ RAVI RAJAN PASWAN Son of Hiralal Ram @ Hiralal Paswan, Village- Usara P.S.- Nawanagar DistBuxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Adv.
For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-09-2023
1. Heard learned counsel for the Petitioner and learned APP for the State
2. Petitioner apprehends his arrest in connection with Nawanagar P.S. Case No. 67 of 2023 dated 06.03.2023 registered for the offences punishable under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.
3. The main submissions advanced by petitioner's counsel are that the petitioner has fair and clean antecedent and several co-accused persons including the petitioner have been named in the FIR and the petitioner has been dragged in this matter merely on the basis of suspicion and the alleged place of recovery does not belong to the petitioner and the same is stated to be an orchard of co-accused Chandan Singh, situated at bank
Patna High Court CR. MISC. No.55618 of 2023(2) dt.13-09-2023 2/3 of Dulcha Kaw river and the said place is accessible to everyone and as per prosecution's allegation at the time of raid police chowkidar claimed to have identified this petitioner and coaccused persons in the light of torch which is not believable. Further submission is that several co-accused persons namely, Baldeo Choudhary @ Baldeo Singh, Sheru Yadav @ Amarjit Yadav and Chandan Singh @ Chandan Kumar Singh carrying similar nature of allegation have been granted anticipatory bail by different Benches of this Court vide orders passed in Cr. Misc. No. 42204 of 2023, Cr. Misc. No. 25083 of 2023 and Cr. Misc. No. 24763 of 2023 respectively and petitioner's case stands on similar footing to them and in view of the circumstances appearing against this petitioner from the FIR the alleged offences of the Excise Act do not prima-facie attract against the petitioner hence, his prayer for anticipatory bail is maintainable.
4. Learned APP appearing for the State has opposed the prayer for bail.
5. Considering the above submissions as well as the privilege of anticipatory bail having been granted to several above-mentioned co-accused persons who are carrying similar nature of allegation, this Court is inclined to accept the prayer
Patna High Court CR. MISC. No.55618 of 2023(2) dt.13-09-2023 3/3 for anticipatory bail of the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Nawanagar P.S. Case No. 67 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J.) Maynaz/- U T