Bhola Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76353 of 2018 Arising Out of PS. Case No.-71 Year-2015 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Bhola Paswan Sono f Late Dasrath Paswan, Resident of Village-Kermadih, P.S.-Kudhani, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Neeraj Kumar Alias Sanidh, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with C No. 71 of 2015 (Excise-245/2017), registered for offences punishable under Section 47 (A) of Bihar Prohibition and Excise Act, 2016.

Allegation as per FIR is of recovery of 318.92 liters of country made liquor from the house of the accused persons including the petitioner and further appears that he is an accused in one more cases apart from this present case. Submission of the learned counsel for the petitioner is that in earlier case he has been acquitted and the petitioner has no concern with the house from where the liquor has been recovered rather the house belongs to other co-accused person.

Patna High Court Cr.Misc. No.76353 of 2018(2) dt.29-01-2019 2/2 Learned A.P.P. opposes the prayer for bail.

In view of allegation against the petitioner, above named, I am not inclined to grant bail to the petitioner, rather the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court on the same day.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) sudha/- U