Manik Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16210 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- MANIHARI District- Katihar ====================================================== MANIK PASWAN Son of Late Baneshwar Paswan Resident of Village - Dilarpur, P.S.- Manihari, Distt- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that from the house of the petitioner, 28 litres of country made liquor were recovered. It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house of the petitioner and a statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the recovery has been made from the house of the petitioner.

Patna High Court CR. MISC. No.16210 of 2019(2) dt.15-03-2019 2/2 Considering the recovery from the house of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. However, keeping in view the fact the recovery has been made from the joint house of the petitioner, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner and preferably dispose of on the same day, if the petitioner surrenders within a period of six weeks in connection with Manihari P.S. Case No. 29 of 2019, pending before the learned Additional Sessions Judge-cumSpecial Judge, Katihar. With the above observation, this application is, accordingly, disposed of.

(Dinesh Kumar Singh, J) Ashwini/- U T