Shree Paswan @ Shree Narayan Paswan @ Sri Narayan Kumar Bharti And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59990 of 2018 Arising Out of PS. Case No.-139 Year-2018 Thana- CHAKIA District- East Champaran ======================================================
1. Shree Paswan @ Shree Narayan Paswan @ Sri Narayan Kumar Bharti , son of Nayak Paswan
2. Ranjit Paswan, son of Mahendra Bhagat.
both residents of village - Ahirouliya, Police Station - Chakia, District- East Champaran at Motihari
3. Ashok Singh, son of Munshi Singh @ Manshi Singh, resident of village - Mani Chapra, Police Station - Chakia, District -East Champaran at Motihari ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Amrendra Kumar, Advocate Sri Jai Shanker Prasad, Advocate For the Opposite Party/s :
Sri Sanjay Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-10-2018 Heard Dr. Amrendra Kumar, learned counsel assisted by Sri Jai Shanker Prasad, learned counsel for the petitioners and Sri Sanjay Kumar , learned Additional Public Prosecutor. Three petitioners, apprehending their arrest in connection with Chakia P.S. Case No. 139 of 2018 registered for offence under Section 272/ 273 of the Indian Penal Code , 1860 and Section 30(a)(c) of the Bihar Prohibition and Excise Act, 2016 have prayed for grant bail in the event of their arrest or surrender.
Learned counsel for the petitioners submits that petitioners have been made accused on the basis of confessional
Patna High Court Cr.Misc. No.59990 of 2018(2) dt.06-10-2018 2/2 statement of the co-accused i.e. the driver of a mini truck from where recovery of Indian make foreign liquor was shown. Learned Additional Public Prosecutor has opposed the prayer.
On going through the F.I.R. it is evident that huge quantity of Indian make foreign liquor to the tune of 1207 liters was shown to be recovered and driver has disclosed regarding the role of the aforesaid petitioners. Besides this, on perusal of paragraph- 3 of the petition it is evident that petitioner no. - 1 and petitioner no. - 3 were earlier made accused of -course not in a case relating to offence under the Bihar Prohibition And Excise Act, 2016. Considering the fact that in this case there is recovery of huge quantity of foreign liquor, there is no reason to entertain the prayer for anticipatory bail. The petition stands dismissed.
(Rakesh Kumar, J) praful/- U T