Guddu Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89875 of 2024 Arising Out of PS. Case No.-473 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Guddu Kumar Paswan S/o- Umesh Paswan Resident of village- Sondho Kahartoli PS-Goraul District- Vaishali at Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Kumar Pandey For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-01-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Goraul Police Station Case No. 473 of 2024, disclosing offences under Sections 30(a), 32(ii), 41(i) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, the police intercepted Swift Dezire car in the night during patrolling. On seeing the police party, the driver of the car started fleeing and upon chase, he left the car near the banana orchard. Upon search, 691.20 liters of illicit liquor has been recovered by the police from the said car.
Patna High Court CR. MISC. No.89875 of 2024(2) dt.28-01-2025 2/3
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he is having no criminal antecedent. The petitioner has been made accused on the basis of his being the registered owner of the car. The car was being driven by the driver and the petitioner was having no information regarding the illicit liquor being kept or transported by his car by its driver.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the car was being driven by the driver at the time of occurrence, the police recovered illicit liquor from the standing car which was left by its driver near banana orchard and the petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. -1 cum Addl. District and Sessions Judge, Vaishali at Hajipur, in connection with Goraul Police Station Case No. 473 of 2024,
Patna High Court CR. MISC. No.89875 of 2024(2) dt.28-01-2025 3/3 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T