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Patna High CourtCR. MISC./63267/2019allowed

Bhola Paswan v. The State Of Bihar

2019-10-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63267 of 2019 Arising Out of PS. Case No.-227 Year-2019 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

BHOLA PASWAN Son of Late Raghuni Paswan Resident of Village - Hari Nagar, P.S.- Rajnagar, Distt.- Madhubani.

2.

Lochan Paswan Son of Bhola Paswan Resident of Village - Hari Nagar, P.S.- Rajnagar, Distt.- Madhubani.

3.

Shivdai Devi W/o Bhola Paswan Resident of Village - Hari Nagar, P.S.- Rajnagar, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-10-2019 Learned counsel appearing for the petitioners seeks permission to withdraw this application as against the petitioner nos. 1 & 3 as they have been arrested during the pendency of this application.

Permission is granted.

The application, thus, stands dismissed as withdrawn as against petitioner nos. 1 and 3. Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Rajnagar P.S. Case No. 227 of 2019 registered for the

Patna High Court CR. MISC. No.63267 of 2019(2) dt.17-10-2019 2/2 offence punishable under sections 272, 273/34 of the Indian Penal Code and Section 30(a) Bihar Prohibition and Excise Case,. 2016.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. The alleged recovery has been made from the joint house. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner no. 2, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Rajnagar P.S. Case No. 227 of 2019 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T