Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59192 of 2023 Arising Out of PS. Case No.-248 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Shambhu Paswan S/O Keshwar Paswan Resident Of Village-Barahgama, P.SKhanpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending his arrest in a case in connection with Excise Case No. 248 of 2023 dated 26.03.2023 registered for the offences punishable u/ss 30(a), (d), (e) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 12 litres of illicit liquor, 224 pieces of empty bottles, 392 pieces of wrappers and 12 litres of spirit along with other articles were recovered from a hut of Gurudev Paswan who was apprehended and he disclosed the name of the petitioner.

Patna High Court CR. MISC. No.59192 of 2023(2) dt.22-09-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Samastipur in connection with Excise Case No. 248 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T