Nitish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36101 of 2020 Arising Out of PS. Case No.-74 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== Nitish Paswan, aged about 25 years, male, S/o Arun Paswan, Resident of Village- Devisarai, P.S.- Deepnagar, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binit Kumar, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-04-2021 Heard Mr. Binit Kumar, learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Deepnagar P.S. Case No. 74 of 2020, dated 08.03.2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Recovery of excisable items has been made from a cow-shade which the petitioner claims that it belongs to his

Patna High Court CR. MISC. No.36101 of 2020(2) dt.08-04-2021 2/2 father. 175 litres of liquor is also said to have been recovered from an open field.

Considering this aspect of the matter, I am not inclined to grant anticipatory bail to the petitioner. The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.

However, if the petitioner surrenders before the Court below and seeks bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) Praveen-II/- U T