Patna High CourtCR. MISC./20817/2024disposed

Jyoti Paswan v. The State Of Bihar

2024-04-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20817 of 2024 Arising Out of PS. Case No.-619 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== Jyoti Paswan S/o Mahavir Paswan Resident of village Keshrawan PS Kudhani (Fakuli OP) district Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No. II For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Kudhani (Fakuli O.P.) P.S. Case No. 619 of 2023 dated 11.11.2023 for the offences punishable u/ss 272 and 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 10 litres of illicit toddy was recovered from the hut of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Local Chowkidar dislcosed the name of the petitioner. It is further submitted that the petitioner has no concern with the alleged

Patna High Court CR. MISC. No.20817 of 2024(2) dt.02-04-2024 2/2 recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no other criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the recovery has been made from the hut of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the recovery from the conscious possession of the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

7. The application stands disposed of.

(Chandra Prakash Singh, J) guddukr/- U T