Patna High CourtCR. MISC./26295/2024disposed

Lalbabu Paswan v. The State Of Bihar

2024-06-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26295 of 2024 Arising Out of PS. Case No.-327 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Lalbabu Paswan Son Of Nagendra Paswan Resident Of Village - Madhusudan Pakri, Police Station - Lalganj, District - Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Lalganj P.S. Case No. 327 of 2023 dated 31.05.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 5 litres of illicit country made liquor 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 due to ulterior motive. The petitioner has been named merely on suspicion. It is further submitted that the petitioner has no

Patna High Court CR. MISC. No.26295 of 2024(2) dt.27-06-2024 2/2 concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no 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 material available on record, 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 in accordance with law.

7. The application stands disposed of.

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