Raghuvir Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76134 of 2024 Arising Out of PS. Case No.-352 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Raghuvir Paswan S/O Chandeshwar Paswan @ Chanma Paswan Resident of Village- Mohanpur, P.S- Babubarhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-11-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Babubarhi P. S. Case No.352 of 2024 corresponding to G.R. No.1095 of 2024 under Sections 30(a) of Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution, the FIR has been lodged against three named accused persons including the petitioner against whom there is allegation of recovery of 20 liters of desi wine has been made from the bari (field) of one Ajay Mandal, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits

Patna High Court CR. MISC. No.76134 of 2024(2) dt.12-11-2024 2/2 that from the seizure list, it become crystal clear that the said recovery has been made from bari of the Ajay Mandal and on his disclosure, the petitioner's name has figured in this case.

5. Learned Counsel also submits that antecedent of the petitioner is clean.

6. Learned APP for the State opposes the prayer for bail and submits that it is true that the recovery has not been made from the possession of the petitioner.

7. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Babubarhi P. S. Case No.352 of 2024 corresponding to G.R. No.1095 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T