Raju Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79579 of 2024 Arising Out of PS. Case No.-352 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Raju Paswan Charan Paswan Alias Sricharan Paswan Village -Mirjapur Ward no 07 PS- Patory Distt -Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Om Prakash Om, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2024 Heard Mr. Om Prakash Om, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 274 and 275 of the B.N.S. and Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 9 liters of country made liquor is said to have been recovered in front of a thatched house under 'Bhuskar'. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the
Patna High Court CR. MISC. No.79579 of 2024(2) dt.04-12-2024 2/3 petitioner is not specific rather general and omnibus in nature. The place of recovery is an open place and easily accessible to anyone. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No.3332964762, Central Bank of India, Chitkohra Branch, IFSC Code :CBIN0282779 (fifth character is zero), MICR Code :800016018.
5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of eight weeks from today, 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 Court below where the case is pending/successor Court in connection with Patori P.S. Case No. 352 of 2024, subject to the condition as laid down under Section 482 (2) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to the further conditions that
Patna High Court CR. MISC. No.79579 of 2024(2) dt.04-12-2024 3/3 (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.
6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan.
7. The court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no.3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no.3, this order will loose its force automatically.
(Anjani Kumar Sharan, J) Trivedi/- U T