Rakesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11530 of 2022 Arising Out of PS. Case No.-304 Year-2021 Thana- PIPRA District- East Champaran ====================================================== RAKESH PASWAN Son of Late Vinda Paswan Resident of VillageDamodarpur, P.S.- Pipra, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 272, 273 of the Indian Penal Code and under Section 30 (a) of the Bihar Prohibition & Excise Act. .

As per the prosecution case, 40 liters of country made liquor has been recovered from the house of this petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Recovery has been made from the house which is in joint possession of family. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.11530 of 2022(2) dt.08-07-2022 2/2 Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that recovery has been made from the house of this petitioner.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T