Patna High CourtCR. MISC./59625/2023allowed

Azad Kumar Paswan v. The State Of Bihar

2023-09-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59625 of 2023 Arising Out of PS. Case No.-507 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Azad Kumar Paswan, aged about 27 years, Male Son of Dinesh Paswan, Resident of Village- Chhapki Parri, P.S. - Sadar, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 507 of 2023 dated 26.07.2023 instituted for offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 3.240 liters foreign liquor. The allegation against the petitioner is that he fled away from the spot leaving the bag on the road.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He was neither apprehended at the spot nor concerned with the seized liquor. The recovery is from the open place.

Patna High Court CR. MISC. No.59625 of 2023(2) dt.08-09-2023 2/2 Petitioner has no criminal antecedent.

5. Learned APP opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-1 (Excise Act), Darbhanga in connection with Sadar P.S. Case No. 507 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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