Udal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78077 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- BANSHI District- Jehanabad ====================================================== UDAL PASWAN Son of Late Dhora Paswan Resident of Village-GajipurSonbhadra, P.S.-Banshi, District-Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272/273 of the Indian Penal Code and 30 (a) (b) (c) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in brief is that on 13.09.2019, the informant and other police personnel were in patrolling duty and got a secret information that in Gagipur the illicit country made liquor was manufacturing and selling. On that information they reached that place and saw that country made liquor was manufacturing in an oven in a hut, where some fermented Mahua was kept in three utensil which was recovered and seized in presence of witnesses, accordingly, seizure-list was prepared. Learned counsel for the petitioner submits that the petitioner is innocent. He has committed no offence rather, he

Patna High Court CR. MISC. No.78077 of 2019(2) dt.18-12-2019 2/2 has falsely been implicated in this case. Petitioner was not arrested on spot and nothing has been recovered from the possession of the petitioner. There is recovery of hut in orchard, orchard does not belong to the petitioner. The petitioner has got no criminal antecedent.

In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner, subject to deposit of Rs. 3,000/- in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II, Jehanabad, in connection with Banshi P.S. Case No. 48 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T