Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58341 of 2024 Arising Out of PS. Case No.-239 Year-2022 Thana- Excise P.S. District- Begusarai ====================================================== Chandan Paswan son of Late Ayodhi Paswan @ Fuddi paswan @ Shiv Ayodhya village- Ward no. 30, Gachhi Tola, Ps- Begusarai Town, DistBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Yogesh Kumar, Advocate For the State :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 19.980 litres foreign liquor has been recovered from the house of this petitioner.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of this petitioner and he is in no way connected with the aforesaid recovery.

5. On the other hand, learned APP appearing for the State submits that huge quantity of liquor has been recovered

Patna High Court CR. MISC. No.58341 of 2024(2) dt.19-09-2024 2/2 from the house of this petitioner and he has also got three criminal antecedents. It is further submitted that this pre-arrest bail petition is not maintainable in view of decision of the Full Bench of this Hon'ble 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.).

6. Considering the aforesaid decision of this Court, this pre-arrest bail petition is dismissed as not maintainable. (Prabhat Kumar Singh, J) shashank/- U T