Uma Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59447 of 2019 Arising Out of PS. Case No.-278 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== UMA SHANKAR PASWAN Son of Dharam Raj Paswan Resident of Village - Ganj, P.S.- Bihiya, Dist.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2019 This application, for grant of anticipatory bail, arises out of Bihiya P.S. Case No. 278/2019, disclosing offences under Sections 30 (a) of the Bihar Prohibition of Excise Act, 2016. Allegation is of recovery of 12 litres of liquor from the house of the petitioner.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case and the house from which, the alleged recovery has been made is a joint house.

Learned counsel for the State opposed the prayer for bail and submitted that there is recovery from the house of the petitioner, as such, he does not deserve the privilege of anticipatory bail.

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.59447 of 2019(2) dt.19-09-2019 2/2 circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T