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Patna High CourtCR. MISC./82895/2019allowed

Rajballabh Paswan @ Ram Ballam Paswan v. The State Of Bihar

2020-02-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82895 of 2019 Arising Out of PS. Case No.-241 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== RAJBALLABH PASWAN @ RAM BALLAM PASWAN Son of Late Gorelal Paswan Resident of Village- Maksudpur, P.S.- Asthawan, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 4 litres of wine has been recovered from the house of the petitioner which is joint family property. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail petition.

In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to deposit of Rs. 500/- in the Juvenile Justice Fund of the State

Patna High Court CR. MISC. No.82895 of 2019(2) dt.13-02-2020 2/2 Social Welfare Department and on deposit of the aforesaid amount, let the petitioner, above named, 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 bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judgecum-Special Judge, Excise Act, Nalanda at Biharsharif in connection with Asthawan Police Station Case No. 241 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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