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Patna High CourtCR. MISC./41394/2022dismissed

Sudhir Paswan v. The State Of Bihar

2022-09-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41394 of 2022 Arising Out of PS. Case No.-391 Year-2021 Thana- ALOULI District- Khagaria ====================================================== 1.

SUDHIR PASWAN S/O WAKIL PASWAN Resident of Rampur Alauli, P.S.- Alauli, District- Khagaria.

2.

MUKESH KUMAR S/O JAY PASWAN @ JAYJAY PASWAN Resident of Rampur Alauli, P.S.- Alauli, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a)(b) of the Bihar Prohibition and Excise Act.

5 litres of country made liquor, two drums, one gas cylinder and other articles have been recovered from the place of occurrence. The petitioners are said to have fled away from the place of occurrence.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the petitioners have got

Patna High Court CR. MISC. No.41394 of 2022(2) dt.30-09-2022 2/2 no criminal antecedent as stated in paragraph-3 of the bail application. There is no recovery from the conscious possession of the petitioner.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners and submitted that petitioners are members of the syndicate involved in manufacturing of illicit liquor.

Considering the fact that petitioners are members of the syndicate involved in manufacturing of illicit liquor, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected in connection with Alauli P.S. Case No.391 of 2021, pending in the court of learned Special Judge, Excise-1st, Khagaria.

(Anjani Kumar Sharan, J.) Sanjay/- U T