Patna High CourtCR. MISC./54867/2023bail rejected

Bipin Paswan v. The State Of Bihar

2023-08-23Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54867 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== BIPIN PASWAN, age 40 years, Gender, Male, S/O KESHO PASWAN RESIDENT OF VILLAGE- MAJHIYAM PASWAN TOLA PS- SADAR, DIST- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2023

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

2. The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 132 of 2023 dated 23.02.2023 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the seizure memo regarding the alleged recovery of wine is completely suspicious as there is no signature of any of the family members of the petitioner and the alleged wine is stated to have been recovered from the house of this petitioner but in fact the same was recovered from the Dalan of the petitioner which is accessible to anyone and

Patna High Court CR. MISC. No.54867 of 2023(2) dt.23-08-2023 2/2 petitioner has fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Heard both the sides and perused the FIR and seizure memo. As per allegation, 31.995 litres of foreign liquor was recovered from the house of this petitioner and against him investigation is pending and his role in the alleged crime is yet to be investigated and moreover, his prayer for anticipatory bail is barred by Section 76(2) of the Bihar Prohibition and Excise Act. Considering the nature of the allegation appearing against the petitioner, in my view petitioner does not deserve to the privilege of anticipatory bail. Accordingly, his bail prayer stands rejected.

(Shailendra Singh, J) Sanjay/- U T