Rupesh Paswan @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86935 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- Sri Nagar District- Purnia ====================================================== Rupesh Paswan @ Rupesh Kumar Son of Bishundev Paswan Resident of Village-Bela Champawati, Police Stateion- Champa Nagar, District-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar, Advocate Mr. Rakesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Sri Nagar P.S. Case No. 82 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case in short is that total 206.250 litres of foreign liquor was recovered from Cowshed. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no knowledge and concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.86935 of 2024(2) dt.16-12-2024 2/2 submitted that recovery is made from an open place, which is accessible to one and all. The petitioner has got four criminal antecedents. There is no compliance of section 103 of the BNSS, 2023. Other co-accused has been granted anticipatory bail by this Court vide order dated 04-12-2024, passed in Cr. Misc. No. 82527 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the 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 released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sri Nagar P.S. Case No. 82 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T