Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51235 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== SANJAY PASWAN Son of Lakkichandra Paswan Resident of VillageAasinpur, Dhurlak, P.S.-Samastipur Muffasil, District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-08-2023

1. Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 30 (a) of the Bihar Prohibition and Excise (Amendment) Act 2022.

3. As per the prosecution case, 3 liters Indian made foreign liquor was recovered from the house of the petitioner.

4. It is submitted on behalf of the petitioner that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery.

5. Learned counsel for the State submits that the

Patna High Court CR. MISC. No.51235 of 2023(2) dt.18-08-2023 2/2 recovery has been made from the house of the petitioner.

6. Considering the fact that the recovery of alcohol has been made from the house of the petitioner, this application for grant of anticipatory bail to the petitioner is not maintainable in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).

7. Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Prabhat Kumar Singh, J) Kaushik/- U T