Rupesh Paswan @ Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87054 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- Sri Nagar District- Purnia ====================================================== Rupesh Paswan @ Rupesh Kumar Son of Bishundev Paswan Resident of Village-Bela, Champawati, Police Station-Champa Nagar, District-Purnea ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.
3. Altogether 32.625 liters of illicit country made liquor is said to have been recovered from a Toto. The apprehended person namely Dilkush Kumar disclosed the name of this petitioner.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No incriminating article has been recovered from the conscious physical possession of the petitioner. He was not apprehended
Patna High Court CR. MISC. No.87054 of 2024(2) dt.18-12-2024 2/3 on the spot and his name transpired on the basis of disclosure made by the apprehended co-accused Dilkush Kumar. Petitioner has four criminal antecedents of similar nature.
5. Petitioner is agreed to deposit a sum of Rs.25,000.00 (Rupees Twenty Five Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.
6. 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 six 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 Sri Nagar P.S. Case No.81 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S, with the following conditions:
(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the
Patna High Court CR. MISC. No.87054 of 2024(2) dt.18-12-2024 3/3 petitioner.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the account of Lawyer's Association Welfare Benevolent Fund.
(Anjani Kumar Sharan, J) Suruchi/- U T