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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58856 of 2022 Arising Out of PS. Case No.-1072 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

VICKY PASWAN @ VICKY KUMAR PASWAN Son of Late Bachchu Paswan R/V- Bhupbhairo, Ward No. 10, P.S-Sitamarhi, Dist- Sitamarhi, Pin No- 843302 2.

Madhuresh Paswan @ Madhuresh Kumar Paswan Son of Late Bachchu Paswan R/V- Bhupbhairo, Ward No. 10, P.S-Sitamarhi, Dist- Sitamarhi, Pin No- 843302 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar, Advocate For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner No. 2.

Permission is accorded.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 23.100 liters of liquor from a jute bag kept in the bushes behind the hut of one Mukesh Rai.

Patna High Court CR. MISC. No.58856 of 2022(2) dt.10-11-2022 2/2 Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is also submitted that the alleged recovery is from a place which does not belong to the petitioner and he came to be implicated based on secret information because of his antecedents.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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 Sitamarhi P.S. Case No. 1072 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T