Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32104 of 2020 Arising Out of PS. Case No.-439 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== DHARMENDRA PASWAN, S/o Ramsawarup Gahlout Resident of VillageKhaira, Manjhauli, P.S.-Madanpur, District-Aurangabad (Bihar). ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-02-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 26.11.2020, within four weeks of starting of Court proceeding in physical mode. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Aurangabad Town P.S. Case No. 439 of 2019, for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, pending in the court of the learned Additional Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad. The accusation is that in course of checking of vehicles, a white colour Pick-up van bearing registration No. JH-10AL-4348 was stopped for checking, but driver of the said vehicle succeeded to flee away after leaving the vehicle. On

Patna High Court CR. MISC. No.32104 of 2020(2) dt.24-02-2021 2/2 search of vehicle, 33 cartons, each containing 48 bottles of 180 ML and one carton containing 44 bottles of 180 ML Indian made foreign liquor recovered. On search, passbook of State Bank of India and owner book of a vehicle bearing registration No. JH10AL-4348 in the name of Dharmendra Paswan (Petitioner) were recovered.

Learned counsel appearing on behalf of petitioner submits that petitioner was not apprehended on the spot and he has falsely been implicated in this case, mere on suspicion, due to recovery of alleged bank passbook and owner book of vehicle bearing registration No. JH10AL-4348. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-arrest bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which shall be considered by the trial Court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) manish/- U T