Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66919 of 2019 Arising Out of PS. Case No.-170 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Jitendra Paswan Son of Ramchandra Paswan 2.

Shivpujan Paswan Son of Late Bhadai Paswan Both resident of Village-Sangrampur, P.S.-Sangrampur, District-East Champaran at Motihari.

... ... Petitioners

Versus

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

For the Petitioner/s :

M/s Usha Kumari, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Sangrampur P.S. Case No. 170 of 2019 registered for the offences punishable under Sections 30(a), 35, 38 of Bihar Prohibition and Excise Act, 2016.

Since the recovery is said to have been made from the house of the petitioners, in my view, this anticipatory bail petition is not maintainable. Accordingly, this anticipatory bail petition stands dismissed being not maintainable. However, if petitioners surrender and seek regular

Patna High Court CR. MISC. No.66919 of 2019(2) dt.06-03-2020 2/2 bail before the court below within six weeks from today, the concerned court shall consider the regular bail application of the petitioners on the same day on its own merit without being prejudiced by this dismissal order keeping in mind the quantity of recovery as well as this aspect of the matter that petitioners do not have any criminal antecedent.

(Hemant Kumar Srivastava, J) shahzad/- U T