Rupan Paswan @ Rohit Kumar Paswan @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68942 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- KALUAHI District- Madhubani ====================================================== Rupan Paswan @ Rohit Kumar Paswan @ Rohit Kumar Son of Nagendra Paswan R/O Vill.- Narar Kothi, P.S.- Kaluahi, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kaluahi P.S. Case no. 119 of 2024 instituted for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. According to the case of prosecution, there has been recovery of altogether 81 liters of Nepali country made liquor from bush behind the house of the petitioner.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.68942 of 2024(2) dt.18-10-2024 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. It is further submitted that nothing has been recovered from the conscious possession of the petitioner rather the recovery of alleged liquor has been made from bush which is behind the house of the petitioner. He has no concern with the alleged recovery.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submitted that petitioner has one criminal antecedent.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kaluahi P.S. Case no. 119 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II Cum Special Excise Act, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C with a condition:-

Patna High Court CR. MISC. No.68942 of 2024(2) dt.18-10-2024 3/3 (i) Petitioner shall not indulge in similar nature of case in future.

(Ashok Kumar Pandey, J) Shubham/- U T