This court granted anticipatory bail to the petitioner in a bail matter arising out of a Bihar Excise Act case, granting release on furnishing a bond and two sureties within specified conditions.
Petitioner granted release on bail of Rs. 10,000 with two sureties of the like amount within four weeks of arrest or surrender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35631 of 2019
Arising Out of PS. Case No.-271 Year-2018 Thana- GAURICHAK District- Patna
======================================================
PARAS PASWAN Son of Rajendra Paswan @ Rajdeo Paswan Resident of Village and P.O- Jaitia, Police Station- Gaurichak, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr. Shraddhanand Paswan For the Opposite Party/s : Mr. Rajendra Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 08-08-2019
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Special Case No. 7452 of 2018 arising out of Gaurichak P.S. Case No. 271 of 2018 registered under Section 30(A) of the Bihar Excise Act.
Learned counsel appearing on behalf of the petitioner submits that petitioner has clean antecedent. He is innocent and has falsely been implicated in the present case. Further submission is that on perusal of seizure list, it appears that nothing has been recovered from the possession of this petitioner.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in
Patna High Court CR. MISC. No.35631 of 2019(3) dt.08-08-2019 2/2
the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna in connection with Spl. Case No. 7452 of 2018 arising out of Gaurichak P.S. Case No. 271 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Arvind Srivastava, J)
shailendra/-
U T
3 issues framed by the court
Whether the petitioner is entitled to be released on bail upon apprehension of arrest or surrender in a case involving Bihar Excise Act.
Whether bail can be granted on a clean antecedent record without recovery of contraband from the petitioner.
What conditions apply to a bail order under Section 438(2) of the CrPC in an excise offence.
2 provisions across 2 enactments
PARAS PASWAN
The State of Bihar
ARVIND SRIVASTAVA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
