Brajesh Paswan @ Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14100 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== BRAJESH PASWAN @ BRAJESH KUMAR, aged about 25 years, Male, S/o Bidhyanand Paswan, R/o Village- Ghaghra, Ward No. 10, Ghaghara, P.S.- Bakhri, District- Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Arjun Prasad, Adv.

For the Opposite Party :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks pre-arrest bail in connection with Bakhri P.S. Case No. 40 of 2020, pending in the Court of the Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai, registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

On receiving the information about dashing of a vehicle in a pole at village Makkha Chak, the informant, along with other police personnel, reached there, and saw that a vehicle, bearing registration no. BR-09AA-1900, in a dashing conditioning with pole where a boy was tried to conceal the liquor, who was apprehended and disclosed his name Jitendra Kumar. On search of said vehicle, 22 bottles, each of 180 ml

Patna High Court CR. MISC. No.14100 of 2020(2) dt.12-06-2020 2/2 Indian made foreign liquor recovered. On query, the caught hold boy, Jitednra Kumar, disclosed the name of the petitioner, Brajesh Paswan (petitioner), as owner of the vehicle saying that the vehicle was being driven by Brajesh Paswan. Submission is that in fact, the seized vehicle is in the name of the co-accused, Parmila Devi, who is mother of petitioner, but, petitioner has been implicated in this case. Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T