Chandan Paswan @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80134 of 2019 Arising Out of PS. Case No.-1259 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== CHANDAN PASWAN @ CHANDAN KUMAR S/o Harun Pawan Resident of Village- Purani Motihari Marg, Kolhua, Paigambarpur, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar Goshwami Mr. P.M.M. Pd.

For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case no. 1259 of 2019, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a), 36, 38 of the Bihar Prohibition & Excise Act, 2016. The accusation is that on receiving secret information about unloading of the cartons of the liquor at Parash Chowk, the informant along with other Police personnel reached there. On seeing the Police party, two persons started fleeing while they were chased, but taking advantage of darkness, they succeeded to flee away. On search, 206 bottles, each containing 180 ML and 3 bottles, each containing 750 ML

Patna High Court CR. MISC. No.80134 of 2019(2) dt.06-12-2019 2/2 Indian made foreign liquor recovered. The persons present there, on inquiry, disclosed the name of two persons, who succeeded to flee away as Kunal Kumar and Chandan Paswan (Petitioner).

Learned counsel for the petitioner submits that petitioner was not apprehended on the spot rather the name of petitioner and Kunal Kumar were disclosed by the pedestrian present on the spot, but the name of pedestrian has not been disclosed in the F.I.R. The petitioner has no criminal antecedent.

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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Muzaffarpur in connection with Ahiyapur P.S. Case No. 1259 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T