Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1661 of 2022 Arising Out of PS. Case No.-256 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== SHANKAR PASWAN Son of Raso Paswan Resident of Village - Chandchaur, Pachkpaika, P.S.- Ujiarpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case.

Allegation is of recovery of two litres of liquor from a plastic bottle which was kept in the hut of the petitioner. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. Nothing was recovered from the conscious possession of the petitioner as he was not arrested from the spot. It is next submitted that the hut even does belong to the petitioner and his

Patna High Court CR. MISC. No.1661 of 2022(2) dt.01-07-2022 2/2 name transpired based on the information given by the local people.

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 and the fact that nothing was recovered from his conscious possession, the petitioner abovenamed, 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 Ujiyarpur P.S. Case No. 256 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T