Anil Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 2248 of 2020 Arising Out of PS. Case No.-267 Year-2019 Thana- BARUN District- Aurangabad ====================================================== ANIL KUMAR PASWAN Son of Suraj Paswan Resident of Village - Bagnaha, P.S.- Barun, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Barun Police Station (for brevity, PS) Case No 267 of 2019 dated 15.10.2019 instituted for the offence punishable under Section (s) 30 (a) of Bihar Excise and Prohibition Act, 2018.

29 liters of country made liquor is alleged to have been recovered from the petitioner's motorcycle. The petitioner is stated to be a man of clean antecedent. He has been arrested in this case and is in custody since 16.11.2019. It is submitted that even as per allegations, the petitioner was not apprehended at the place of the alleged recovery. The motorcycle in question has been borrowed by the relative and petitioner has no

Patna High Court CR. MISC. No.2248 of 2020(2) dt.16-01-2020 2/2 knowledge of the occurrence and recovery. Submission is of false implication on the basis of suspicion.

Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VII -cum- Special Judge (Excise), Aurangabad in connection with Barun PS Case No 267 of 2019 dated 15.10.2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T