Bindeshwar Paswan @ Bindeshwor Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83846 of 2019 Arising Out of PS. Case No.-149 Year-2019 Thana- PUNAURA District- Sitamarhi ====================================================== Bindeshwar Paswan @ Bindeshwor Paswan Son of Late Ratan Paswan Resident of Village - Govind Fandah, P.S.- Punaura, Distt - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2020 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 Section 30(a) of Bihar Prohibition and Excise Act, 2016.

There is recovery of 7.5 litres of Nepali liquor from bush adjacent to the house of Yogendra Paswan. It is alleged against the petitioner that he was instrumental in storing the liquor.

It is submitted by learned counsel for the petitioner that the recovery has not been made from conscious physical possession of the petitioner and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.83846 of 2019(2) dt.18-02-2020 2/2 Learned APP submits that the informant came to know that the petitioner was instrumental in storing the liquor. Considering the fact that admittedly the recovery has been made from bush adjacent to the house of co-accused and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II -cum- Special Judge, Excise, Sitamarhi in connection with Punaura P.S. Case No. 149 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T