Sonu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18375 of 2022 Arising Out of PS. Case No.-155 Year-2020 Thana- MAHUA District- Vaishali ====================================================== SONU PASWAN SON OF HARIHAR PASWAN RESIDENT OF VILLAGEGYASHPUR SALKHANNI, P.S.- MAHUA, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 30(a), 32(ii), 34(ii), 38(ii), 41(i) of Bihar Prohibition and Excise Act.

3417.225 liters of foreign liquor has been recovered from different vehicles, which were parked near the mango orchard of Hakim Mian and this petitioner was apprehended on spot.

It is submitted on behalf of petitioner that no incriminating article has been recovered from the conscious possession of this petitioner. Petitioner is neither owner nor driver of vehicles in question. Petitioner is in custody since 02.02.2022.

Learned A.P.P. for the State has opposed the bail

Patna High Court CR. MISC. No.18375 of 2022(2) dt.26-05-2022 2/2 petition and submitted that petitioner has got two criminal antecedent, out of which, one case is of similar nature. Considering the aforesaid facts and circumstances as well as the fact that petitioner has got criminal antecedent of similar nature of case, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, the learned court below, where the case is pending, is directed to release the petitioner on bail, after framing of the charge. (Prabhat Kumar Singh, J) anay/- U T