Allowed

Ram Babu Paswan v. The State of Bihar

Patna HC7 Jul 2023CR. MISC./25862/2023

Case brief

AI extract

What is this about?

This High Court application for anticipatory bail challenges a PS case regarding illicit wine sales. The court held that since liquor was not recovered from the petitioners' possession or control initially, Section 76(2) of the Bihar Prohibition Act is not a bar. Bail was granted subject to a bond and conditions.

What did the court decide?

Anticipatory bail granted on bond of Rs.10,000 with two sureties of like amount, subject to conditions under Section 438(2) CrPC.

Ram Babu Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25862 of 2023

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Arising Out of PS. Case No.-37 Year-2022 Thana- BELSAND District- Sitamarhi

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

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1. RAM BABU PASWAN Son of Nagendra Paswan Resident of Village - Saraiya, Ward No.- 13, P.S.- Belsand, District - Sitamarhi 843316.

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Poonam Devi Wife of Ram Babu Paswan Resident of Village - Saraiya, Ward No.- 13, P.S.- Belsand, District - Sitamarhi 843316.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Subodh Kumar, Advocate For the Opposite Party/s : Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 07-07-2023

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Heard the learned counsel for the

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petitioners and learned APP for the State.

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This is an application for grant of anticipatory bail in connection with Belsand P.S. Case No.37 of 2022, registered for offences under Section 414 of the IPC and 30(a)(c) of the Bihar Prohibition & Excise (Amendment) Act, 2018

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It is alleged that upon secret information having been received that illicit wine was being sold by the petitioner no.1, raid was conducted by the police, however, the petitioners succeeded in fleeing away, nonetheless, 25 litres of country

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Patna High Court CR. MISC. No.25862 of 2023(2) dt.07-07-2023 2/4

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made liquor, alongwith utensils used for manufacturing the same were recovered from behind the house of the petitioner.

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The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that since the illicit liquor has not been recovered from the conscious possession of the petitioner or from their house, they are not having any complicity in the matter, hence the provisions contained in Section 76(2) of the Bihar Prohibition & Excise Act, 2016, shall not be an impediment, for the purposes of grant of anticipatory bail to the petitioner herein.

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Per contra , the learned APP for the State has vehemently opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the

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Patna High Court CR. MISC. No.25862 of 2023(2) dt.07-07-2023 3/4

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parties and taking into account the materials available on record as also considering the fact that the illicit liquor has not been either recovered from the possession of the petitioner or from their house, thus prima facie no case is made out under the provisions of the Bihar Prohibition & Excise Act, 2016, qua the petitioners herein, as far as consideration of the present bail petition is concerned, hence, Section 76(2) of the Bihar Prohibition & Excise Act, 2016, shall not be a bar, for the purposes of consideration of the present anticipatory bail petition, thus I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.

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Accordingly, the above named

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petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction

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Patna High Court CR. MISC. No.25862 of 2023(2) dt.07-07-2023 4/4

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of learned Exclusive Special Excise Court-II, Sitamarhi in connection with Belsand P.S. Case No.37 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Mohit Kumar Shah, J)

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Saurav/-

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U T

Ram Babu Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Babu Paswan v. The State of Bihar

Case brief

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What did the court decide?

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