Patna High CourtCR. MISC./34529/2018allowed

Mahendra Paswan v. The State Of Bihar

2018-06-19Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.34529 of 2018 (2) dt.19-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34529 of 2018 Arising Out of PS.Case No. -37 Year- 2018 Thana -CHAKAI District- JAMUI ======================================================

1. Mahendra Paswan, son of Dhaneshwar Paswan, resident of Village- Gola Chakai, Police Station- Chakai, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Adv. For the Opposite Party/s : Mr. Sri Manish Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Chakai Police Station Case No. 37 of 2018, disclosing offences under Sections 273/34 of the Indian Penal Code and Section 30(a), 30(d) of the Bihar Excise Act. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged recovery of country-made Mahua liquor and flower was made from the outside boundary of the house of the petitioner, which is evident from seizure list and the petitioner has no concern with the alleged recovery. Nothing has been recovered from the

Patna High Court Cr.Misc. No.34529 of 2018 (2) dt.19-06-2018 conscious possession of the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released 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 District & Sessions Judge-2nd, Jamui, in connection with Chakai Police Station Case No. 37 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T