Patna High CourtCR. MISC./23056/2017dismissed

Mahesh Paswan v. The State Of Bihar

2017-07-01Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.23056 of 2017 (3) dt.01-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23056 of 2017 Arising Out of PS.Case No. -48 Year- 2017 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Mahesh Paswan S/o Nageshwar Paswan, Resident of Village- Shahpur Kolhatta, Police Station- Rosera, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner apprehends arrest in Rosera P.S. Case No. 48 of 2017 instituted for the offence under Sections-30, 38 of the Bihar Excise Amended Act, 2016.

It has been submitted on behalf of the petitioner that nothing has been recovered from his possession. The petitioner was not caught on the spot.

Learned APP has submitted that the anticipatory bail is not maintainable u/S 76 of the Excise Act. It is further submitted that the petitioner managed to run away after throwing the liquor and people disclosed the name of this petitioner. As per written report, one person fled away after throwing 45 bottles of foreign

Patna High Court Cr.Misc. No.23056 of 2017 (3) dt.01-07-2017 liquor containing 375 ml. each kept in a gunny bag. The local chowkidar and other people disclosed that the person, who has thrown the liquor is this petitioner.

In such circumstances, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail stands rejected.

The petitioner is directed to surrender in the court below and seek regular bail, which shall be considered on its own merit without being prejudiced by this order.

(Sanjay Priya, J) A.K.V./- U T