← Library
Patna High CourtCR. MISC./48264/2022dismissed

Bhulla Paswan @ Ram Kumar Paswan @ Ram Kumar v. The State Of Bihar

2022-11-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48264 of 2022 Arising Out of PS. Case No.-176 Year-2021 Thana- BABUBARHI District- Madhubani ====================================================== BHULLA PASWAN @ RAM KUMAR PASWAN @ RAM KUMAR Son of Late Lakshmi Paswan Resident of Village - Bathuwaha, P.S.- Babubarhi, Distt.- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 272, 273 of IPC and 30(a) of the Bihar Prohibition Excise Act.

Altogether 7 litres of foreign liquor is said to have been recovered from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis of secret information. Petitioner has neither been

Patna High Court CR. MISC. No.48264 of 2022(2) dt.04-11-2022 2/2 apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner has no criminal antecedent, as also mentioned in para3 of the bail application. Learned APP opposed the prayer for grant of anticipatory bail.

Having regards to the facts and circumstances of the case, since the recovery has been made from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

Accordingly, this application is dismissed.

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