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Patna High CourtCR. MISC./46829/2019bail rejected

Ram Dayal Paswan v. The State Of Bihar

2019-07-29Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46829 of 2019 Arising Out of PS. Case No.-204 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== RAM DAYAL PASWAN Son of Shivajee Paswan Resident of VillageKoilam, P.S.-Kalyanpur, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Excise P.S. Case No.204 of 2019 registered under Section 30(a) of the Bihar Prohibition Excise Act, 2018, pending in the court of the 2nd Additional Sessions Judge-cum-Special Judge, Excise, Samastipur.

The accusation is of recovery of 25 liters country made liquor from the courtyard of the house of the petitioner. Learned counsel appearing on behalf of the petitioner submits that the house of which courtyard the alleged recovery is said to be made is the joint family house of the petitioner. Having considered the facts and the circumstances of

Patna High Court CR. MISC. No.46829 of 2019(2) dt.29-07-2019 2/2 the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T