Vijay Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68584 of 2022 Arising Out of PS. Case No.-206 Year-2021 Thana- NAVINAGAR District- Aurangabad ====================================================== Vijay Kumar Paswan, S/o Dasrath Paswan Resident of village- Gogo, P.S.- Navinagar, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh,Advocate For the State :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-03-2023 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.

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

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Prohibition and Amendment Act, 2018. As per the prosecution case, 30 litres illicit country made liquor was recovered from the motorcycle. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. He has further submitted that the said motorcycle was not driven by the petitioner at the time of alleged occurrence. Nothing

Patna High Court CR. MISC. No.68584 of 2022(2) dt.02-03-2023 2/2 incriminating has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that no case is made out against the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad (Bihar) in connection with Nabinagar P.S. Case No. 206 of 2021, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

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