Dablu Jaiswal @ Kumar Jaiswal @ Dablu Kumar Jaiswal @ Dablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42934 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== Dablu Jaiswal @ Kumar Jaiswal @ Dablu Kumar Jaiswal @ Dablu Kumar Son of Late Ramjee Jaiswal, Resident of Village - Prakash Nagar, Ward No.12, P.S.- Shikarpur, Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate For the State :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Shikarpur PS Case No. 74 of 2019 dated 22.02.2019 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The petitioner along with others is accused of indulging in business of illicit liquor.

4. Learned counsel for the petitioner submitted that the recovery has not been from the conscious possession of the petitioner.

5. Learned APP submitted that on the basis of

Patna High Court CR. MISC. No.42934 of 2019 dt.16-11-2019 2/2 statement made by co-accused, recovery was made and further that the petitioner has at least three antecedents of similar cases of the years 2016 and 2017 and, thus, does not deserve the privilege of pre-arrest bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to allow the prayer for pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T