Patna High CourtCR. MISC./83541/2024allowed

Ramkewal Paswan v. The State Of Bihar

2024-12-11Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83541 of 2024 Arising Out of PS. Case No.-324 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Ramkewal Paswan S/O Chhapit Paswan Resident of Village- Hariharpur Police Station- Shahpur, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Shahpur P.S. Case No. 324 of 2024 dated 16.10.2024 instituted for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2018.

3. The allegation is of recovery of 15 litre country made liquor from the Gali (lane) situated opposite the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. it is further submitted that nothing has been recovered from the conscious possession of the petitioner or from his house rather the said illicit liquor has been recovered from the Gali (lane)

Patna High Court CR. MISC. No.83541 of 2024(2) dt.11-12-2024 2/2 which is situated near the house of the petitioner. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Shahpur P.S. Case No. 324 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Excise Court No. II, Bhojpur, Arrah, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T