Munnu Paswan @ Munu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13744 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== Munnu Paswan @ Munu Paswan S/o Bhola Paswan R/o Village- Sahtha, P.S.- Bhagwanpur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in Bhagwanpur P.S. Case No. 286 of 2021, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2018. 30 litres of country made liquor has been recovered from the cattle shed of this petitioner.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. Recovery has been made from open place. Petitioner has got clean antecedent, as stated in para 3 of the petition.

Counsel for the State vehemently opposed the bail

Patna High Court CR. MISC. No.13744 of 2022(2) dt.15-07-2022 2/2 application and submitted that from perusal of seizure list it appears that cattle shed belongs to this petitioner from where illicit liquor has been recovered.

Considering the fact that cattle shed belongs to this petitioner from where illicit liquor was recovered, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected in view of the provision 76(2) of the Bihar Prohibition and Excise Act. (Prabhat Kumar Singh, J) vinita/- U T