Lallan Paswan @ Lallan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26654 of 2020 Arising Out of PS. Case No.-217 Year-2019 Thana- TARARI District- Bhojpur ====================================================== Lallan Paswan @ Lallan Ram Son of Ramchandra Paswan Resident of Village - Tirojpur Bihta English, P.S.- Tarari, District - Bhojpur at Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-11-2020 This matter has been taken up through Video Conferencing.

Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Tarari P.S. Case No.217 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Recovery of liquor is alleged from the possession of the person arrested on the motorcycle bearing registration No.BR03H 5565. The said motorcycle was of the petitioner. Considering the presumption of law under Section 32

Patna High Court CR. MISC. No.26654 of 2020(2) dt.05-11-2020 2/2 of the Bihar Prohibition and Excise Act, 2016 and consequent bar of the prayer of anticipatory bail under Section 76(2) of the said Act, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be considered without being prejudiced by the order of this Court.

(Birendra Kumar, J) Mkr./- U T