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Dukhan Paswan @ Rajballam Paswan v. The State of Bihar

Patna HC18 Nov 2022CR. MISC./45676/2022

Case brief

AI extract

What is this about?

In criminal miscellaneous proceedings arising from a Bihar Prohibition and Excise Act case, the High Court granted anticipatory bail to the petitioner. The Court accepted submissions that liquor was recovered from a motorcycle, not the petitioner's possession, and that procedural lapses occurred. Bail was subject to conditions regarding cooperation and no tampering.

What did the court decide?

Anticipatory bail granted for a period of thirty days or until the conclusion of the trial, conditioned upon release on a bond of Rs. 10,000 with two sureties if arrested.

Dukhan Paswan @ Rajballam Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45676 of 2022

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Arising Out of PS. Case No.-397 Year-2020 Thana- LALGANJ District- Vaishali

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======================================================

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Dukhan Paswan @ Rajballam Paswan Son of Shiv Paswan Resident of village- Khanjahachak, P.S- Lalganj, Dist- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P.

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======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 18-11-2022

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Heard learned counsel for the petitioner and

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learned Additional Public Prosecutor for the State in the virtual court proceeding.

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Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

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

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Recovery is of 80 liters of country made liquor. Learned counsel for the petitioner submits that the petitioner has clean antecedent and has falsely been implicated in the present case. He further submits that the recovery has been made from motorcycle in question and not from

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Patna High Court CR. MISC. No.45676 of 2022(2) dt.18-11-2022 2/4

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petitioner’s possession. Therefore, the recovery cannot be attributed to the petitioner. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. No case, whatsoever, would be made out against the petitioner under the Bihar Prohibition and Excise Act. He further submits that the co-accused persons, namely, Avinash Kumar has been granted bail vide order dated 17.11.2021 passed in Cr. Misc. No. 48706, Deepak Sah has been granted bail vide order dated 08.07.2022 passed in Cr. Misc. No. 60374 of 2021 and Saroj Kumar has been granted bail vide order dated 08.07.2022 passed in Cr. Misc. No. 11787 of 2022 by this Hon’ble Court.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable.

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This court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.L.J.R. 1089 . Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court, for the limited purpose of grant

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Patna High Court CR. MISC. No.45676 of 2022(2) dt.18-11-2022 3/4

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of anticipatory bail, is inclined to accept the submission of counsel for the petitioner.

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Considering the aforesaid facts, nothing has been recovered from conscious possession of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Lalganj P.S. Case No. 397 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

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Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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Patna High Court CR. MISC. No.45676 of 2022(2) dt.18-11-2022 4/4

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And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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vanisha/-

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U T

Dukhan Paswan @ Rajballam Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dukhan Paswan @ Rajballam Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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