Jitendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7560 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- GURARU District- Gaya ====================================================== Jitendra Paswan, S/o Late Kalpu Paswan, resident of village- Mahimapur, P.S.-Guraru, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-04-2019 Heard Sri Vinod Kumar, learned counsel for the petitioner and Sri Shailendra Kumar, learned Additional Public Prosecutor.
The sole petitioner, apprehending his arrest in connection with Guraru P.S. Case No. 213 of 2018 , registered for the offence under Section 30(a) of the Bihar Prohibition And Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.
It was submitted by learned counsel for the petitioner that prior to the present F.I.R. petitioner was falsely made accused in an another case and this is the reason that in the present case after finding about 5 liters of Mahua liquor near the house of the petitioner, he has been arrayed as accused. Sri Shailendra Kumar, learned A.P.P. has opposed the
Patna High Court CR. MISC. No.7560 of 2019(3) dt.04-04-2019 2/2 prayer for grant of anticipatory bail. However, after going through the material on record particularly the fact that nothing was recovered from conscious possession of the petitioner nor from his house, there is no reason to refuse the prayer for grant of anticipatory bail.
Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Jitendra Paswan be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya / concerned court in connection with Guraru P.S. Case No. 213 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T