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Patna High CourtCR. MISC./47348/2019dismissed

Prakash Paswan@Ram Prakash Paswan v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47348 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Prakash Paswan@Ram Prakash Paswan, Son of Late Bhutto Paswan, Resident of Village - Manapur Ward No. - 13, P.S.- Khanpur, Distt - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2019 This is an application for grant of anticipatory bail in connection with Excise Case No. 87 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Recovery of 08 liters of country made liquor from the courtyard of the house of petitioner.

Submission of the learned counsel for the petitioner is that the house is joint and he has no criminal antecedent. Heard learned A.P.P. also who has opposed the prayer for anticipatory bail on the ground that no recovery of liquor from the house of the petitioner, as such, this application is not maintainable.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant

Patna High Court CR. MISC. No.47348 of 2019(2) dt.30-07-2019 2/2 privilege of anticipatory bail to the petitioner. However, the petitioner may move before the learned court below for regular bail which will be considered by the learned court below, without being prejudiced by order of this Court, and if possible, be disposed of on the same day.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T