Vijendra Paswan @ Vijendra Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34120 of 2021 Arising Out of PS. Case No.-143 Year-2020 Thana- ROSERA District- Samastipur ====================================================== Vijendra Paswan @ Vijendra Kumar Paswan S/O Lalo Paswan @ Lal Bahadur Paswan R/O Village-Tal Eghara, P.S-Khanpur, District-Samastipur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Aprajita, Adv.
For the Opposite Party/s :
Mr. Awadhesh Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 8 litres of Mahua liquor is said to have been recovered from the motorcycle. He submits
Patna High Court CR. MISC. No.34120 of 2021(2) dt.17-12-2021 2/2 that petitioner was not apprehended at the spot. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Rosra P.S. Case No. 143 of 2020 pending before the court of the learned A.D.J. 2nd -cum-Special Judge, Excise Act, Samastipur. (Anjani Kumar Sharan, J) devendra/- U T