Sunni Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68358 of 2022 Arising Out of PS. Case No.-405 Year-2022 Thana- KOTWALI District- Munger ====================================================== Sunni Paswan Son Of Suresh Paswan Resident Of Village- Kali Asthan Katghar, P.S.- Kotwali, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Sah, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kotwali P.S. Case no. 405 of 2022 instituted for the offence under Sections 30(a) and 32 of the Bihar Prohibition Excise Act. Allegedly, it is a case of recovery of total 33 liters of country made liquor from a sack/plastic container. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern either with the alleged recovery of liquor or with the place of occurrence. Neither the petitioner was arrested nor any incriminating article has been recovered from his conscious

Patna High Court CR. MISC. No.68358 of 2022(2) dt.16-12-2022 2/2 possession.

Learned APP appearing for the State has opposed the prayer of Bail.

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 Kotwali P.S. Case no. 405 of 2022, 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 Special Judge, Excise-II, Munger, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) shubham/- U T