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Patna High CourtCR. MISC./72911/2023bail granted

Kailash Paswan v. The State Of Bihar

2023-11-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72911 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- EKCHARI District- Bhagalpur ====================================================== KAILASH PASWAN, Son Of Munni Paswan Resident Of Village - Birbanna, P.S. - Antichak, District - Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Rajive Ranjan Singh, Advocate For the State :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Ekchari P.S. Case No. 48 of 2023 registered for the offence punishable under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, 26 liters of illicit liquor and equipments were recovered from the house of co-accused Sadhu Mandal @ Sadanand, who disclosed the name of the petitioner as being engaged in trade of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. No incriminating material has been recovered from the conscious physical possession of the petitioner. Petitioner claims clean

Patna High Court CR. MISC. No.72911 of 2023(2) dt.07-11-2023 2/2 antecedents.

5. Learned APP for the State opposes the prayer for grant of anticipatory bail.

6. Considering the rival submissions and aforesaid facts of the case, this pre-arrest bail petition is allowed.

7. Accordingly, in the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- IXth, Bhagalpur, in connection with Ekchari P.S. Case No. 48 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T