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Patna High CourtCR. MISC./7551/2020dismissed

Raushan Kumar @ Raushan Paswan v. The State Of Bihar

2020-03-03Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7551 of 2020 Arising Out of PS. Case No.-9 Year-2015 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== RAUSHAN KUMAR @ RAUSHAN PASWAN Son of Ram Lalit Paswan Resident of Village - Natthudwar, P.S.- Khanpur, Dist.- Samastipur. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Advocate Mr. Ajay Kumar, Advocate For the State :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Tr. No. 40 of 2020 (arising out of Excise Case No. 9 of 2015) registered under Sections 47(a) & (f) of the Bihar Prohibition & Excise Act, 2016 pending in the court of learned ADJ - 2nd cum Special Judge, Excise, Samastipur. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and nothing has been recovered from the conscious possession of the petitioner.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner and submits that the illicit liquor has been recovered from the house of the petitioner.

Patna High Court CR. MISC. No.7551 of 2020(2) dt.03-03-2020 2/2 Considering the materials available on the record showing that the illicit liquor has been recovered from the house of the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is, thus, refused.

In case, petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer shall be considered by the court below on it's own merit without being prejudiced by the orders of this court. (Rajeev Ranjan Prasad, J) Rajeev/- U T