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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2392 of 2023 Arising Out of PS. Case No.-1440 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== SHIV PASWAN @ SHIV KUMAR PASWAN Son of Baban Paswan Resident of Village- Semara Tola, Rampur, P.S.- Sasaram (Muffasil), District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Chhote Lal Mishra, Advocate Mr. Jyoti Prasad, Advocate For the State :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 34 and 38 of the Bihar Prohibition and Excise Act. 5 litres of country made Mahua liquor was recovered from the bamboo clump situated outside the village beside Kaw river.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got two criminal antecedents of similar nature as stated in paragraph-3 of the bail application. It is further submitted that there is no

Patna High Court CR. MISC. No.2392 of 2023(3) dt.24-03-2023 2/3 recovery from the conscious possession of the petitioner. Petitioner is agree to deposit a sum of Rs. 20,000/- (rupees twenty thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let 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 enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2-cum-Additional District & Sessions Judge, Rohtas at Sasaram in connection with Sasaram (Muffasil) P.S. Case No.1440 of 2017, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.2392 of 2023(3) dt.24-03-2023 3/3 The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) S.KUMAR/- U T