Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40239 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- DEO District- Aurangabad ====================================================== DHARMENDRA PASWAN Son of Suryadev Paswan Resident of villageAnarua Kala Khurd P.S.- Hariharganj, District- Palamu, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Deo P.S. Case No. 89 of 2022 registered for the offence under Section 30(a) of the Bihar Excise and Prohibition Amended Act, 2018.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case merely because he is the owner of the seized Pulsar Motorcycle No. JH03AF-5322 from which the alleged recovery has been made. He further submits that the petitioner has no criminal antecedent.

Learned Additional Public Prosecutor appearing for the State opposes the prayer of bail and submits that petitioner is

Patna High Court CR. MISC. No.40239 of 2022(3) dt.17-01-2023 2/2 the owner of the vehicle from which the alleged recovery has been made. He therefore submits that the petitioner does not deserve to be enlarged on anticipatory bail.

Considering the nature of allegation levelled against the petitioner an the submissions advanced on behalf of the parties, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. His prayer for bail is accordingly rejected.

anuradha/- (Arvind Srivastava, J) U T