Chandeshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39409 of 2018 Arising Out of PS. Case No.-1372 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== CHANDESHWAR PASWAN S/o Shankar Paswan, R/o Vill.- Ataula, P.S.- Kinjar, District- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogendra Kumar Dwivedi For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(d) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 15 kg jawa mahua is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the alleged recovery is made from the abandoned shop belongs to the joint family of the petitioner. Except for this, there is no

Patna High Court Cr.Misc. No.39409 of 2018(2) dt.11-07-2018 2/2 other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 15 kg jawa mahua is recovered from the abandoned shop in question belongs to joint family of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II (Special Court), Jehanabad in connection with Excise Case No. 1372 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T