Patna High CourtCR. MISC./32605/2020dismissed

Manoj Paswan v. The State Of Bihar

2021-02-19Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32605 of 2020 Arising Out of PS. Case No.-184 Year-2020 Thana- HASANPUR District- Samastipur ====================================================== MANOJ PASWAN Son of Rajendra Paswan Resident of Village- Birpur, P.S.- Hasanpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarbottam Kumar Sarkar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-02-2021 Heard Sarbottam Kumar Sarkar, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Hasanpur P.S. Case No. 184 of 2020 dated 17.08.2020 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise act, 2016.

Learned counsel for the petitioner has submitted that the recovery is not from the petitioner's house; rather from someone else's house and he has been made accused in this case because of some dispute with the local police as he runs a tea vending shop in front of the concerned police station.

However, this Court is not inclined to grant

Patna High Court CR. MISC. No.32605 of 2020(2) dt.19-02-2021 2/2 anticipatory bail to the petitioner for the reason that he was earlier made accused in two other cases of similar nature.

Accordingly, the prayer for anticipatory bail is rejected.

However, if the petitioner surrenders before the court below and seeks bail it shall be taken into account that there has not been any recovery from his exclusive or constructive possession and that the possibility of his false implication by the local police cannot be ruled out and shall pass orders in accordance with law without being prejudiced by the fact that the present petition has not been entertained.

(Ashutosh Kumar, J) krishna/- U T