Rajesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62419 of 2024 Arising Out of PS. Case No.-308 Year-2024 Thana- DUMRA District- Sitamarhi ====================================================== Rajesh Paswan S/o- Ram Ganesh Paswan Resident of village-Harichhapara Ps- Dumara District- Sitamarahi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ayush Kumar For the Opposite Party/s :
Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendement Act, 2022.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 812.52 liters of liquor from a Tata Magic vehicle.
4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would his own vehicle
Patna High Court CR. MISC. No.62419 of 2024(2) dt.02-09-2024 2/2 for committing occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted petitioner was completely unaware that his driver would misuse the vehicle in the manner as alleged.
5. The learned APP for the State opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500 /- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1, Sitamarhi in connection with Dumra P.S. Case No. 308 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.
(Satyavrat Verma, J.) Sudhanshu/- U T