Pappu Paswan @ Pappu Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73091 of 2023 Arising Out of PS. Case No.-438 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Pappu Paswan @ Pappu Kumar Paswan Son Of Mahendra Paswan R/V- Ward No. 6, Kachahariya Tola, Keshariya, P.S.- Keshariya, Dist.- East Champaran ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending his arrest in connection with Kesariya P.S. Case No. 438 of 2023 registered for the offences punishable under Sections 30(a), of the Bihar Prohibition & Excise Amendment Act.

4. As per the prosecution case, total 35 litres of country made liquor kept in a sack was recovered from the coaccused, Raju Kumar and the petitioner and other co-accused persons fled away from the place of occurrence.

Patna High Court CR. MISC. No.73091 of 2023(2) dt.23-11-2023 2/2

5. Learned cousnel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner. As per the seizure list, recovery was made from possession of the co- accused Raju Kumar. The petitioner has no criminal antecedent as stated in para-3 of the bail petition.

6. Learned A.P.P for the State has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the above named petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, be released on anticipatory bail on furnishing bail bonds of Rs 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of the Learned Special Judge, Excise, East Champaran, Motihari in Kesariya P.S. Case No. 438 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Chandra Prakash Singh, J) N.K/- U T