Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59507 of 2019 Arising Out of PS. Case No.-122 Year-2019 Thana- JHAJHA District- Jamui ====================================================== Shambhu Paswan, Son of Bhola Paswan Resident of Dumar Pokhar, P.S.- Jhajha, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Jhajha P.S. Case No.122 of 2019, for the offence punishable under Sections 272, 273 of the Indian Penal Code. The allegation against the petitioner as per the First Information Report is that the police upon secret information that petitioner was indulged in trading of illicit liquor proceeded towards the place of occurrence and upon seeing the policy party, the petitioner fled away and on search the police party recovered a total quantity of 12 litres of illicit Mahua liquor from the maize field.

Learned counsel appearing for the petitioner submits that petitioner has got no criminal antecedent and has falsely

Patna High Court CR. MISC. No.59507 of 2019(2) dt.19-09-2019 2/2 been implicated in this case on the basis of secret information. Learned counsel further submits that illicit liquor has been recovered from the maize field not belonging to the petitioner. Having regard to the submissions of the parties and taking into consideration the fact that the illicit liquor has been recovered from open space, i.e. maize field and no illicit liquor has been recovered from the conscious possession of the petitioner, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II, Jamui, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T