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Patna High CourtCR. MISC./17318/2017rejected

Kamlesh Paswan v. The State Of Bihar

2017-07-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17318 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -HULASGANJ District- JEHANABAD ====================================================== Kamlesh Paswan, Son of Baleshwar Paswan, resident of Village- Uttimpur, Police Station- Hulasganj in the district of Jehanabad, Presently resident of Village- Kanhaiya Bigha, Police Station- Hulasganj in the district of Jehanabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar, Advocate.

For the Opposite Party : Mr. Umesh Lal Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-07-2017 Heard both sides.

The petitioner apprehends his arrest in Hulasganj P.S. Case No. 111 of 2016 registered for the offences punishable under Sections 30(A) of the Bihar Excise Amendment Act, 2016 and under Sections 25(1-b)a/26 of the Arms Act.

The police got information that the petitioner Kamlesh Paswan is selling liquor from his house on such the house of the petitioner was raided but the petitioner managed to flee away. From the house of the petitioner six bottles of Royal Stag Classic Whisky and one country made gun was also recovered. Learned counsel for the petitioner submits that many other family members are residing in the joint family house.

Patna High Court Cr.Misc. No.17318 of 2017 (3) dt.05-07-2017 2/2 Nothing has been recovered from the conscious possession of the petitioner.

Considering the facts and nature of allegations made against the petitioner and the fact that besides six bottles of India made foreign liquor one country made gun was recovered from the house of the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T