Patna High CourtCR. MISC./2939/2017rejected

Paras Paswan v. The State Of Bihar

2017-02-13Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2939 of 2017 Arising Out of PS.Case No. -262 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Paras Paswan, son of Santola Paswan, Resident of Village- Sugao Dhangar Toli, Police Station- Sugouli, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dilip Kumar Tondon, Advocate For the Opposite Party : Mr. Lakshmi Kant Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Sugauli P.S. Case No. 262 of 2016 (G.R. No. 5954 of 2016), registered for the offences punishable under Sections 30(a) and 30(d) of Bihar Prohibition and Excise Act, 2016. Allegedly, from the house of the petitioner two liters country made liquor was recovered, but the petitioner succeeded in fleeing away.

Submission is of false implication and that nothing has been recovered from his house and he has been made victim of the circumstances and, as such, the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.2939 of 2017 (2) dt.13-02-2017 2/2 The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the recovery of illicit country made liquor, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Sugauli P.S. Case No. 262 of 2016 (G.R. No. 5954 of 2016), pending in the Court of learned Chief Judicial Magistrate, Motihari (East Champaran).

However, in case and if so advised the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered on its own merits without being prejudiced by the order of this Court.

(Jitendra Mohan Sharma, J.) Rajiv/- U