Harendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31434 of 2019 Arising Out of PS. Case No.-72 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== HARENDRA PASWAN Son of Asharfi Paswan Resident of Village - Larui Hussaina bad, P.S.- Baranti O.P., Distt - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Paswan For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with C-2A 72/2017 , registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 04 ltrs. of liquor from the hut of the petitioner. Submission of the learned counsel for the petitioner is that the hut does not belong to the petitioner and he has been falsely been implicated in this case, having no criminal antecedent.

Heard learned A.P.P. , who has opposed the prayer for bail on the ground that this application is not maintainable as there is prima facie allegation of recovery of liquor from the hut of the

Patna High Court CR. MISC. No.31434 of 2019(3) dt.22-07-2019 2/2 petitioner. .

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, if the petitioner surrenders and pray for regular, bail, the same shall be considered on its own merit without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U