Hira Paswan @ Hira Lal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7030 of 2023 Arising Out of PS. Case No.-22 Year-2021 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.
HIRA PASWAN @ HIRA LAL PASWAN SON OF LATE CHINTA PASWAN R/O VILL.- RAIYAM, WARD NO. 14, P.S.- BHAIRVASTHAN, DISTT.- MADHUBANI 2.
PRITHVI PASWAN @ PRITHVI CHANDRA PASWAN SON OF LATE CHINTA PASWAN R/O VILL.- RAIYAM, WARD NO. 14, P.S.- BHAIRVASTHAN, DISTT.- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha For the Opposite Party/s :
Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bhairavsthan P.S. Case No.22 of 2021, registered for the offences punishable u/s 272, 273 of IPC and 30 (a) of Bihar Prohibition and Excise Act.
Allegedly, 3 and 2 liters of country made liquor has been recovered from the house of petitioner no.1 and 2 respectively. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioners. They have no
Patna High Court CR. MISC. No.7030 of 2023(2) dt.13-04-2023 2/2 concern either with the seized liquor or any trade of liquor. They have been falsely implicated in this case at the instance of their enemies. They were not apprehended on the spot and his name transpired in the case only on the basis that the recovery has been made from the house of the petitioners. He further submits that the recovery has been made in the absence of the petitioners from their joint family house. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case as the recovery has been made from the house of the petitioners, I am not inclined to grant bail to the petitioners. The prayer for grant of anticipatory bail on their behalf is hereby rejected.
This application is accordingly, dismissed.
(Anjani Kumar Sharan, J) shikha/- U T