Dashrath Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Dashrath Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Release on anticipatory bail upon arrest or surrender before the learned trial court within six weeks, on bail bonds of Rs. 500/- with two sureties of the like amount, subject to the conditions laid down under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, who apprehends arrest in Bahadurpur P.S. Case No. 614 of 2023 registered for offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act (alleged recovery of 5 liters of liquor from his husk room), should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: considering the submissions of learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within six weeks from today, is to be released on anticipatory bail on furnishing bail bonds of Rs. 500 with two sureties of the like amount, to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bahadurpur P.S. Case No. 614 of 2023, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Dashrath Paswan v. The State of Bihar, High Court of Judicature at Patna, Criminal Miscellaneous No. 14325 of 2024 (arising out of Bahadurpur P.S. Case No. 614 of 2023, District Darbhanga), oral order dated 07-03-2024 by Satyavrat Verma, J. Petitioner apprehended arrest in a case registered for offences punishable under Section 414 IPC and Section 30(a) of the Bihar Prohibition and Excise Act, the allegation being recovery of 5 liters of liquor from his husk room. Counsel urged that the petitioner had clean antecedents, was not apprehended from the spot so nothing lay in his conscious possession, and that the husk room outside the house was accessible to the public at large, indicating possible false implication by planting a meagre amount of liquor; the A.P.P. for the State opposed the prayer. The Court allowed anticipatory bail: petitioner, on arrest or surrender before the learned trial court within six weeks, to be released on bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount, to the satisfaction of the trial court where the case is pending/successor court, subject to the conditions laid down under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14325 of 2024

Arising Out of PS. Case No.-614 Year-2023 Thana- BAHADURPUR District- Darbhanga

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

Dashrath Paswan S/o Late Yogendra Paswan @ Yugal Paswan R/o vill - Chhoti Baluahi, P.S. - Bahadurpur, Distt. - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Gandhi, Adv. For the State : Mr. Sunil Kumar Pandey, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 07-03-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 5 liters of liquor from petitioner’s husk room.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that no prudent person would use his own premises for committing an occurrence and thus create evidence against

Patna High Court CR. MISC. No.14325 of 2024(2) dt.07-03-2024 2/2

himself and hence would get implicated, further the husk room is accessible to public at large and it appears someone inimical to the petitioner falsely got him implicated by planting meagre amount of liquor, as husk room is a place outside the house.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bahadurpur P.S. Case No. 614 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J)

Arish/-

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