Naresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28733 of 2019 Arising Out of PS. Case No.-327 Year-2018 Thana- VAISHALI District- Vaishali ====================================================== NARESH PASWAN Son of Singeshwar Paswan Resident of Village - Jatkauli, P.s.- and Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2019 This application, for grant of anticipatory bail, arises out of Vaishali P.S. Case No. 327/18, disclosing offences under Sections 30 (a) of the Bihar Prohibition of Excise Act, 2016. Allegation is of recovery of 2 litres of liquor from the house of the petitioner.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case.

Learned counsel for the State opposed the prayer for bail and submitted that there is recovery from the house of the petitioner and, therefore, he does not deserve the privilege of anticipatory bail.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the

Patna High Court CR. MISC. No.28733 of 2019(3) dt.27-09-2019 2/2 privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T