Allowed

Sanjeev Kumar Paswan v. The State of Bihar

Patna HC1 Apr 2024CR. MISC./22950/2024

Case brief

AI extract

What is this about?

The petitioner sought anticipatory bail in a case registered under Sections 272 and 273 IPC and Section 30(a) Bihar Excise Act. The Court allowed the prayer, granting anticipatory bail subject to furnishing bail bonds and complying with statutory conditions, considering the petitioner's lack of conscious possession of the illicit liquor.

What did the court decide?

Anticipatory bail granted for six weeks subject to furnishing bail bonds of Rs. 10,000 with two sureties.

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

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22950 of 2024

¶2

Arising Out of PS. Case No.-1 Year-2024 Thana- MADHWAPUR District- Madhubani

¶3

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

¶4

Sanjeev Kumar Paswan SON OF KUMLESHR PASWAN RESIDENT OF VILLAGE- HARDIA WARD NO. 6, HARDIA, PS- BAJPATTI, DISTSITAMARHI

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Md Soban Asghar For the Opposite Party/s : Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶10

2 01-04-2024

¶11

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

¶12

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Excise Act.

¶13

3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 37 litres of liquor from a motorcycle.

¶14

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized motorcycle. It is next submitted that no prudent person would

¶15

Patna High Court CR. MISC. No.22950 of 2024(2) dt.01-04-2024 2/2

¶16

use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that the Prakash Kumar would misuse the vehicle in the manner as alleged, who was also apprheneded from the spot.

¶17

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

¶18

6. 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. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Madhwapur P.S. Case No. 01 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

¶19

(Satyavrat Verma, J)

¶20

SUMIT/-

Sanjeev Kumar Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar Paswan 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

Pramod Sharma Vs the State of Bihar

Mantu Singh @ Rohit Singh @ Mantu Kumar Vs the State of Bihar

Mahesh Rai @ Mahesh Ray Vs the State of Bihar

Bhawan Giri Vs the State of Bihar

Rambali Sah @ Rambali God Vs The State of Bihar

Bachchi Kunwar Vs the State of Bihar