Ravindra Paswan @ Loha Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10730 of 2018 Arising Out of PS.Case No. -1643 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Ravindra Paswan @ Loha Paswan S/o Late Sabru Paswan, R/o VillageTendua, P.S.- Darigaon (Sasaram), District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Sasaram (Dariagaon) PS case no. 1643 of 2017 registered for the offences punishable under Sections 30(a), 34(b), 35 of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 40 ltrs. of illicit liquor from a motorcycle and the accused person arrested from the spot disclosed the name of the petitioner as his accomplice. The learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner. It is further submitted that the said motorcycle does not belong to the petitioner. It is further submitted that the petitioners have clean antecedents.

Patna High Court Cr.Misc. No.10730 of 2018 (2) dt.28-02-2018 2/2 Considering the nature of accusation and the fact that prima facie, no case is made out under the provisions of the Excise Act, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge (Excise), Rohtas at Sasaram in connection with Sasaram (Dariagaon) PS case no. 1643 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U