Shom Nath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36740 of 2020 Arising Out of PS. Case No.-115 Year-2020 Thana- AGIAON District- Bhojpur ====================================================== Shom Nath Paswan, Son of Bharat Ram Resident of Village- Barap Tola, P.s.- Agiyaon Garhani, District- Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Smt. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-06-2021 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 18.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Agiyaon Garhani P.S. Case No. 115 of 2020 (Excise Case No. 1061 of 2020), registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the court of the learned 4th Additional District Judge, Ara, Bhojpur. The accusation is of recovery of 6.75 Litres of Indian made foreign liquor from the house of petitioner.

Patna High Court CR. MISC. No.36740 of 2020(2) dt.29-06-2021 2/2 Learned counsel appearing on behalf of petitioner submits that petitioner has no criminal antecedent and he has falsely been implicated in this case.

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