Guddu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27959 of 2020 Arising Out of PS. Case No.-463 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== 1.

GUDDU PASWAN, S/o Banai Paswan, Resident of Village-Sohai, P.S.- Vaishali, District-Vaishali, Bihar-844128 2.

Banai Paswan, S/o Late Sital Paswan, Resident of Village-Sohai, P.S.- Vaishali, District-Vaishali, Bihar-844128 ... Petitioners

Versus

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

For the Petitioners :

Mr. Dilip Kumar Roy, Adv.

For the Opposite Party :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2021 As prayed for, let the learned counsel for the petitioners remove the defect(s), as point out by the office vide it's note, dated 17.10.2020, within four weeks of starting of the Court in physical mode.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Vaishali P.S. Case No. 463 of 2019, pending in the Court of the Additional Sessions Judge II-cum-Excise Judge, Vaishali at Hajipur, for the offence alleged under Section 30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2018. On receiving secret information about selling the illicit liquor by the petitioners, who are son and father, in village Sohai, the informant and other police officials reached there,

Patna High Court CR. MISC. No.27959 of 2020(2) dt.05-02-2021 2/2 then, a lady was found there, who started to abuse to the informant and other police personnel. The neighbours disclosed that that lady was mother and wife of petitioners 1 and 2 and on search at the back of the house of the petitioner, adjacent to the wall, 20 bottles of Indian made foreign liquor, each containing 375 ml recovered. Petitioner no. 1 appears to be accused in similar nature of case as detailed in paragraph 3 of the bail petition.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioners. The prayer for pre-arrest bail is rejected. The petitioners are directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T