Binod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61712 of 2022 Arising Out of PS. Case No.-306 Year-2022 Thana- DESARI District- Vaishali ====================================================== BINOD PASWAN S/O LATE BIDESHI PASWAN Resident of villageNayagaon Paschimi, Saini Pokhar, P.S.- Desari, District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 16 litres liquor from a bamboo plantation situated in front of the house of the petitioner Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the alleged recovery is from a place which does not belong to the petitioner and he came to be implicated at

Patna High Court CR. MISC. No.61712 of 2022(2) dt.23-11-2022 2/2 the instance of chowkidar with whom he is on an inimical term. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Desari P.S. Case No. 306 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T