Mushharu Paswan @ Musharu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61603 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- RUDRAPUR District- Madhubani ====================================================== Mushharu Paswan @ Musharu Paswan Son of Sutai Paswan Resident Of Village- Karnpur, PS- Rudrapur, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Jitendra Kumar Bharti, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Rudrapur P.S.Case No.58 of 2023, giving rise to GR No.302 of 2023, registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Prosecution story is that total 18.900 ltrs. of nepali liquor was recovered from behind the house of the petitioner. Petitioner fled away from the place of occurrence.

4. The learned counsel appearing on behalf of the petitioner submits that the petitioner has no concern with alleged recovery and he has been made accused only due to

Patna High Court CR. MISC. No.61603 of 2023(2) dt.16-10-2023 2/2 village politics. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions of the parties and the allegation made in the FIR of recovery of 18.900 ltr. of nepali liquor, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Jhanjharpur, Madhubani in connection with Rudrapur P.S.Case No.58 of 2023, giving rise to G.R.No.302 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) chn/- U