Pinku Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45396 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- KURSAILA District- Katihar ====================================================== PINKU PASWAN, aged about 23 years, Male, S/O- Ramotar Paswan R/OKursela Basti, P.S.- Kursela, Distt- Katihar ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Kursela P.S. Case No. 42 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that on receiving secret information about keeping of the liquor in the house of Vijay Paswan by his brother-in-law, Pinku Paswan (petitioner), informant and other police personnel reached in village Kursela and on search of house of Vijay Paswan, 48 bottles, each containing 750 ml Indian made foreign liquor recovered. The neighbours disclosed that Vijay Paswan used to reside at Punjab for earning livelihood and his brother-in-law, Pinku Paswan, use the house of Vijay Paswan.

The submission of the learned counsel for the

Patna High Court CR. MISC. No.45396 of 2019(2) dt.23-07-2019 2/2 petitioner is that recovery of 48 bottles from the house of Vijay Paswan nor from the house of the petitioner. Mere on dirty village politics, the name of the petitioner disclosed. It is said that the bottles were kept in the house of the petitioner. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Kursela P.S. Case No. 42 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge II-cum-Special Judge, Katihar, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T