Allowed

Botal Paswan and Anr. v. The State Of Bihar

Patna HC7 Dec 2017CR. MISC./57268/2017

Case brief

AI extract

What is this about?

In an anticipatory bail application filed by two accused persons in a liquor smuggling case under the Bihar Excise Act, 2016, the Patna High Court granted bail allowing surrender within six weeks and specified conditions regarding bail bonds, local sureties, attendance, and non-tampering with evidence.

What did the court decide?

Prayer for anticipatory bail allowed; petitioners to surrender within six weeks and furnish bail bond of Rs. 10,000 each with two sureties.

Botal Paswan and Anr. Vs The State Of Bihar — Narcotics (NDPS) | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.57268 of 2017

¶2

Arising Out of PS.Case No. -201 Year- 2017 Thana -KOILWAR District- BHOJPUR

¶3

====================================================== 1. Botal Paswan. 2. Sudama Paswan.

¶4

Both sons of Jagdish Paswan, Resident of Village- Suraudha Toka, P.S. Koilwar, District- Bhojpur.

¶5

.... .... Petitioner/s

¶6

Versus

¶7

1. The State of Bihar

¶8

.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate. For the Opposite Party/s : Md. Ansarul Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

¶9

2 07-12-2017 Heard learned counsel for the petitioners and the

¶10

State.

¶11

The petitioners apprehend their arrest in Koilwar P.S. Case No. 201 of 2017 instituted for the offence under Sections 30(a) of Bihar Excise (Amendment) Act, 2016.

¶12

The informant on receiving information that illicit liquour is being sold near Sone river, a team of police party was constituted for raid and proceeded towards Sone river. On seeing the police party some persons started running away. The chowkidar disclosed the name of these petitioners to the police party.

¶13

Considering the facts and circumstances of the case,

¶14

Patna High Court Cr.Misc. No.57268 of 2017 (2) dt.07-12-2017

¶15

2/2

¶16

prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Koilwar P.S. Case No.

¶17

201 of 2017 , they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara , subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

¶18

(Sanjay Priya, J)

¶19

S.Ali/-

¶20

U T

Botal Paswan and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Botal Paswan and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jainul Ansari Vs The State Of Bihar

Raushan Kumar @ Chunnu Vs The State Of Bihar

Babloo @ Babloo Singh @ Baljeet Kumar Vs The State Of Bihar

Md. Hashim and Anr. Vs The State Of Bihar

Manik Das and Anr. Vs State Of Bihar and Anr.

Rita Devi Vs The State Of Bihar