Patna High CourtCR. MISC./47417/2019bail rejected

Dayanand Nidhi Paswan v. The State Of Bihar

2019-07-30Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47417 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== Dayanand Nidhi Paswan S/o Late Radha Paswan R/o village- Teghra (Krishnapuri), P.S.- Bihiya, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Bihiya P.S. Case No. 148 of 2019 and Excise Case No. 907 of 2019 registered for the offence under Sections 30(a) Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that house of the petitioner was raided and total quantity of 15 liters illicit liquor was recovered from a room situated near the south-west of the house of the petitioner.

Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and the house from where the said liquor was recovered is a joint family property and several persons are living together in that house.

Patna High Court CR. MISC. No.47417 of 2019(2) dt.30-07-2019 2/2 Accordingly, he submits that the petitioner may be released on anticipatory bail.

After having heard learned counsel for the parties and taking into consideration that the illicit liquor has been recovered from the house of the petitioner, in view of the full Bench decision passed in Criminal Appeal (S.J.) No. 431 of 2019, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the learned court below within 15 days and seeks regular bail, the court below will consider his prayer for bail on its own merit without being prejudiced about the fact that the present bail application has been dismissed by this court. (Anil Kumar Sinha, J) Aks/- rahul U T