Shyam Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72012 of 2018 Arising Out of PS. Case No.-190 Year-2017 Thana- DARBHANGA SADAR DistrictDarbhanga ======================================================

1. Shyam Paswan and Anr Son of Bisnu Paswan.

2. Prem Lal Paswan, Son of Satrughna Paswan, Both residents of VillageRamsalla, Via- Sadar, District- Darbhanga. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-01-2019 Nobody appears on behalf of the petitioners.

Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with G.O. Case No. 820 of 2017, arising out of Sadar P.S. Case No. 190 of 2017 dated 13.05.2017 instituted for the offences under Sections 30(a), 37(b)(c) of Bihar Prohibition and Excise Act, 2016.

From the perusal of the FIR, it appears that recovery is made from the houses of the petitioners. In such an event, this Court is not inclined to grant anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail is

Patna High Court Cr.Misc. No.72012 of 2018(3) dt.15-01-2019 2/2 rejected.

However, if the petitioners surrender, if they have not yet done so and pray for bail, the court below shall not be prejudiced by the fact that the present anticipatory bail petition has not been entertained and shall pass orders in accordance with law strictly on the merit of the case.

(Ashutosh Kumar, J) krishna/- U T