Patna High CourtCR. MISC./86395/2023disposed

Kedar Paswan v. The State Of Bihar

2024-01-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86395 of 2023 Arising Out of PS. Case No.-190 Year-2023 Thana- CHANDRAMANDI District- Jamui ====================================================== Kedar Paswan S/O Maho Paswan Village- Karharitand, Ps. Chakai, Dist. Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akash Raj, Advocate.

For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Chandramandi P.S Case No. 190 of 2023 dated 15.10.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 10 litres of illicit liquor was recovered from the house of the petitioner.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.86395 of 2023(2) dt.30-01-2024 2/2 that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the recovery has been made from the house of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the recovery is made from the house of the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudice by this order.

8. The application stands disposed of.

(Chandra Prakash Singh, J) Nilmani/- U T