Patna High CourtCR. MISC./5052/2015dismissed

Raj Kumar Paswan And ANR v. The State Of Bihar

2015-02-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5052 of 2015 Arising Out of PS.Case No. -362 Year- 2014 Thana -MITHANPURA District- MUZAFFARPUR ======================================================

1. Raj Kumar Paswan Son of Raghunath Paswan Resident of Mohalla - Khadibhandar Chowk, P.S. - Mithanpura, Dist - Muzaffarpur.

2. Sunil Paswan @ Sunil Kumar Son of Rajdeo Paswan Resident of Mohalla - Atardah Kachchi Pakki Road, P.O. - Sadar, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate. For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2015 Heard both sides.

The petitioners apprehend their arrest in Mithanpura P.S. Case No. 362 of 2014, registered for the offences punishable under Sections 290 and 34 of the Indian Penal Code and Section 47(A) of the Excise Act.

The S.I. of Mithanpura police station alleged that he got information that somebody were selling liquor, on such he went to the place situated in Gullu Singh market and found that the petitioners were selling liquor in the Gumti of Raju Mahto. Learned counsel for the petitioner submits that the parentage of the petitioner was not mentioned in the FIR. The

Patna High Court Cr.Misc. No.5052 of 2015 (2) dt.05-02-2015 petitioners have got no Gumti behind Gullu Singh market. On perusal of records, it appears that the Gumti situated behind the Gullu Singh market were searched and from where country made liquor as well as foreign liquor were recovered.

Considering the facts aforesaid I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

However, the petitioners, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T