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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75327 of 2024 Arising Out of PS. Case No.-443 Year-2023 Thana- BISFI District- Madhubani ====================================================== Bimal Paswan @ Bimal Kumar Paswan S/O Arjun Paswan Resident of Village- Behta, P.S.- Kewti, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Bisfi P.S. Case No. 443 of 2023 registered for the offences punishable under Sections 272, 273 & 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per prosecution case, 324 litres liquor was recovered from one pick-up vehicle.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the recovered liquor. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.75327 of 2024(2) dt.25-10-2024 2/2 petitioner. There is no compliance of Section 100 of the Cr.P.C. Petitioner bears no criminal antecedent. Other co-accused has been granted regular bail by this Court vide order dated 14-03-2024, passed in Cr. Misc. No. 19160 of 2024. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bisfi P.S. Case No. 443 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T