Birendra Paswan @ Brind Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36222 of 2016 Arising Out of PS.Case No. -245 Year- 2016 Thana -DARBHANGA SADAR District- DARBHANGA ====================================================== Birendra Paswan @ Brind Paswan son of Yogendra Paswan R/o VillageRam Salla, P.S.- Sadar (Darbhanga), District - Darbhanga. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Ajay Kumar Singh, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 47(a) of Excise Act, registered in connection with Sadar P.S. Case No. 245 of 2016.

3. It is submitted that the petitioner has been falsely implicated as the place of recovery has incorrectly been mentioned at the door of the petitioner. The recovery in fact was made from the hut which does not belong to the petitioner.

4. Having regard to the nature of accusation and gravity of the offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

5. If the petitioner surrenders and seeks regular bail before the learned trial Court the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.

(Vikash Jain, J) Md. Ibrarul/BT U T