Allowed

Vakil Paswan v. The State of Bihar

Patna HC7 Aug 2024CR. MISC./47364/2024

Case brief

AI extract

What is this about?

Pre-arrest bail sought in an excise case where 15 litres of illicit liquor was allegedly recovered from the petitioner's portion of a joint family house. The court granted anticipatory bail on furnishing bail bonds with two sureties, subject to Cr.P.C. Section 438(2) conditions and verification of criminal antecedents.

What did the court decide?

Pre-arrest bail granted: release on arrest or surrender within four weeks on Rs.10,000 bond with two like sureties before Exclusive Excise Court-1, Jamui.

Vakil Paswan Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

CRIMINAL MISCELLANEOUS No.47364 of 2024

¶3

Arising Out of PS. Case No.-125 Year-2024 Thana- LAXMIPUR District- Jamui

¶4

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

¶5

Vakil Paswan Son of Late Vanarsi Paswan Village- Anandpur, P.S.- Laxmipur, Distt.- Jamui

¶6

... ... Petitioner/s

¶7

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Anand, Advocate : Ms. Madhuri Kumari, Advocate For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

¶8

ORAL ORDER

¶9

2 07-08-2024

¶10

Heard Mr. Abhishek Anand along with Ms. Madhuri Kumari, learned counsel appearing on behalf of the petitioner and Mr. Surendra Kumar, learned APP for the State.

¶11

The petitioner seeks pre-arrest bail in connection with Laxmipur P.S. Case No. 125 of 2024 registered for the offence(s) punishable under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

¶12

As per the allegation made in the FIR, total 30 litres of illicit liquor was recovered from the house of the petitioner and the co-accused, Dukhi Paswan. Out of them, 15

¶13

Patna High Court CR. MISC. No.47364 of 2024(2) dt.07-08-2024 2/3

¶14

litres was recovered from the house of the petitioner.

¶15

Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that the alleged house, from where the alleged recovery of the seized liquor is said to have been made is a joint family property, where petitioner is presently not residing, rather he is living at his Sasural and he has no concern either with the seized liquor or trade of liquor in any manner.

¶16

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

¶17

In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court 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 learned Court of Exclusive Excise Court-1, Jamui in connection with Laxmipur P.S. Case No. 125 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

¶18

The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the

¶19

Patna High Court CR. MISC. No.47364 of 2024(2) dt.07-08-2024 3/3

¶20

petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

¶21

(Purnendu Singh, J.)

¶22

Sudhanshu/-

¶23

U T

Vakil Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vakil 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

Rani Kumari Vs The State of Bihar

Smt. Suganti Devi Vs The State Of Bihar and Ors.

Sangita Kumari Vs The State of Bihar

Sukhram Yadav Vs The State of Bihar

Rajeev Kumar Sah @ Rajeev Sah @ Rajeev Kumar Vs The Sate Of Bihar

Gita Devi Vs The State Of Bihar