Raj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56391 of 2019 Arising Out of PS. Case No.-203 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== RAJ KUMAR PASWAN Son of Mishrilal Paswan @ Mishri Paswan Resident of Village-Kharauna, P.S.-Lalganj, District-Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-09-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in Lalganj P.S. Case No. 203 of 2019, disclosing offence under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner has submitted that the petitioner's named has surfaced on the basis of alleged disclosure made by the villagers, who have not been named in the First Information Report and the seizure of illicit liquor has been made from a place belonging to co-accused Hari Mohan Singh, who has not been made accused.

In view of the Full Bench decision rendered in the case of Ram Vinay Yadav vs. The State of Bihar, reported in

Patna High Court CR. MISC. No.56391 of 2019(2) dt.05-09-2019 2/2 2019(2) PLJR 1089, this application cannot be maintained and is accordingly dismissed.

Considering the fact, which is evident from the FIR that petitioner has been implicated on the basis of disclosure made by the persons, whose identification is not disclosed in the FIR, it is directed that if the petitioner surrenders before the Court below within four weeks from today and seeks regular bail, his regular bail shall be considered and decided on the same day.

(Chakradhari Sharan Singh, J) arun/- U