Patna High CourtCR. MISC./70999/2022dismissed

Ajay Paswan @ Ajay Kumar Paswan v. The State Of Bihar

2023-01-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70999 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== AJAY PASWAN @ AJAY KUMAR PASWAN Son of Ramesh Paswan Resident of Village - Raiyam, P.S.- Bairawasthan, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

2 litres of country made liquor has been recovered from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is no recovery from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.70999 of 2022(2) dt.06-01-2023 2/2 Learned APP for the State opposed the prayer for anticipatory bail of the petitioner by submitting that illicit liquor has been recovered from the house of the petitioner. Taking into consideration the fact that illicit liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Bhairawasthan P.S. Case No.05 of 2022, pending in the court of learned Special Judge, Excise Act, Jhanjharpur, District Madhubani.

(Anjani Kumar Sharan, J) S.KUMAR/- U T