Sujit Paswan @ Sujit Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79035 of 2023 Arising Out of PS. Case No.-863 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Sujit Paswan @ Sujit Kumar Paswan Son Of Ganauri Paswan R/O VillageBhadeja, P..S- Muffasil, Dist.- Gaya ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 100 liters of country made liquor is said to have recovered from the joint house of the petitioner. He further submits that there is no recovery made from the conscious possession of the petitioner. He further submits that petitioner is a respected person of the society and society and social worker and not engaged in business of liquor. He submits that petitioner has got two criminal antecedents as
Patna High Court CR. MISC. No.79035 of 2023(2) dt.12-12-2023 2/2 stated in para-3 of the bail application.
4. Learned APP for the State opposes the prayer for bail and submits that the recovery is made from the joint house of the petitioner. Hence, he does not deserve bail.
5. Considering the facts and circumstances of the case and the fact that the recovery is made from the joint house of the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Muffasil P.S. Case No. 863 of 2023. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T