Patna High CourtCR. MISC./16342/2019bail rejected

Arvind Paswan v. The State Of Bihar

2019-07-10Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16342 of 2019 Arising Out of PS. Case No.-268 Year-2018 Thana- DELHA District- Gaya ====================================================== Arvind Paswan, Son of Shyamsundar Paswan Resident of Village - Marshalingyard Dhaniyabagicha Jhopadpatti, P.S.- Delha, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Delha P.S. Case No.268 of 2018 for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner is that police upon secret information raided the premises of the petitioner and recovered 15 litres of illegal liquor from the hut / orchard of the petitioner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated and the hut, from where it has been alleged that the illegal liquor has been recovered, does not belong to the petitioner.

Patna High Court CR. MISC. No.16342 of 2019(3) dt.10-07-2019 2/2 After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that from the First Information Report and the seizure list, prima facie case under the Excise Act is made out against the petitioner inasmuch as per the FIR, the illegal liquor has been recovered form the premises of the petitioner, accordingly, in view of the law laid down by Full Bench in a Judgment passed in Cr. Appeal (SJ) No.431 of 2019, the anticipatory bail is not maintainable. Accordingly, the same is rejected.

However, if the petitioner surrenders before the Court below within a period of 15 days and prays for regular bail, the same will be considered by the learned Court below on the same day without being prejudiced to the fact that present application stands rejected.

(Anil Kumar Sinha, J) sanjeev/- U T