Patna High CourtCR. MISC./73017/2023bail granted

Vijay Paswan v. The State Of Bihar

2024-02-19Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73017 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- DIGHWARA District- Saran ====================================================== VIJAY PASWAN SON OF LATE RAMBILAS PASWAN VILLAGEHEMANTPUR PS -DIGHWARA, DISTRICT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 11.620 liters of liquor from the corner of the hut.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on disclosure made by the Chowkidar with whom he is on an inimical term. It is also submitted that the hut in question from where the alleged recovery is made does not

Patna High Court CR. MISC. No.73017 of 2023(3) dt.19-02-2024 2/2 belong to the petitioner though in the FIR it is alleged that it belongs to the petitioner.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dighwara P.S. Case No. 63 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T