Patna High CourtCR. MISC./73845/2023bail granted

Sudhir Paswan @ Sudhir Kumar v. The State Of Bihar

2023-11-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73845 of 2023 Arising Out of PS. Case No.-495 Year-2022 Thana- NADI P.S. District- Patna ====================================================== Sudhir Paswan @ Sudhir Kumar S/O Mama Shankar Paswan @ Shankar Paswan R/O Village- Sammaspur, P.S- Nadi, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra, Advocate For the Opposite Party/s :

Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Nadi P.S. Case No. 495 of 2022 dated 15.12.2022 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 13.800 litres of country made mahua liquor was recovered near a Neem tree.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner rather the recovery has been made from an open place. It is further submitted that the petitioner has no concern

Patna High Court CR. MISC. No.73845 of 2023(2) dt.29-11-2023 2/2 with the alleged recovery. No case is made out against the petitioner. The petitioner has one criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna City in connection with Nadi P.S. Case No. 495 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T