Vijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29189 of 2020 Arising Out of PS. Case No.-71 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Vijay Paswan S/O Ram Pravesh Paswan Resident Of Village-Rampur, P.S.- Kudra, District-Kaimur at Bhabua ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajani Kant Pandey For the Opposite Party :

Mr. Amitesh Kumar A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in Kudra Police Station Case No. 71 of 2020 registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act. There is allegation of recovery of 10 bottles each of 180 ml foreign liquor from the shop of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that no incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent.

Learned counsel for the State submits that as the recovery of illicit wine is from the shop of the petitioner, as such the petitioner does not deserve anticipatory bail. In view of the above, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without being prejudiced by this order.

Shashi (Prabhat Kumar Singh, J) U T