Patna High CourtCR. MISC./74326/2022dismissed

Parshuram Paswan @ Prshuram Paswan v. The State Of Bihar

2023-03-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74326 of 2022 Arising Out of PS. Case No.-599 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Parshuram Paswan @ Prshuram Paswan Son Of Late Dharni Paswan Resident Of Village- Semra Parsa, P.S.- Chanpatia (Sirisiya O.P.), DistrictWest Champaran 2.

Sunita Devi Wife Of Sri Parshuram Paswan Resident Of Village- Semra Parsa, P.S.- Chanpatia (Sirisiya O.P.), District- West Champaran 3.

Dilip Paswan @ Dilip Kumar @ Dileep Paswan @ Dileep Kumar Son Of Sri Parshuram Paswan Resident Of Village- Semra Parsa, P.S.- Chanpatia (Sirisiya O.P.), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.1, as he has already been arrested by the police, during pendency of this application.

Permission is granted.

Accordingly, the instant application as against the petitioner no.1 is dismissed as withdrawn.

Now, this application is being heard for consideration of anticipatory bail as against the petitioner no.2 & 3 only.

Patna High Court CR. MISC. No.74326 of 2022(2) dt.18-03-2023 2/2 The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that there is no recovery from the conscious possession of the petitioners rather 20 liters of illegal liquor along with utensils are said to have recovered from the place of occurrence. He submits that there is no recovery made from the conscious possession of the petitioners. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes the prayer for bail and submits that petitioners are the members of the syndicate which is involved in the manufacturing of the illegal liquor.

Considering the facts and circumstances of the case and the fact that petitioners are the members of the syndicate which is involved in the manufacturing of the illegal liquor, I am not inclined the enlarge the petitioners on anticipatory bail in connection with Chapatia (Sirisiya O.P.) P.S. Case No.599 of 2022. Accordingly, their application for anticipatory bail is hereby rejected.