Sanjay Paswan @ Bhomwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44393 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- SOHSARAI District- Nalanda ====================================================== SANJAY PASWAN @ BHOMWAN SON OF LATE LALA PASWAN R/O VILLAGE- CHHOTI PAHARI, P.S.- SOHSARAI, DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that he in association of other co-accused was involved in manufacturing of illicit liquor. The petitioner has been made accused on the disclosure made by one of the co-accused.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.44393 of 2022(2) dt.11-11-2022 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. Petitioner has two criminal antecedents of similar nature as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, recovery of illicit liquor, which is injurious to health and the criminal antecedent of the petitioner, I am not inclined to enlarge him on anticipatory bail.

The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) Trivedi/- U T