Patna High CourtCR. MISC./2478/2024disposed

Mantosh Paswan v. The State Of Bihar

2024-02-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2478 of 2024 Arising Out of PS. Case No.-500 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Mantosh Paswan SON OF Late Chaturi Paswan R/o Village - Damodarpur, PS - Shahpur (Bahoranpur), District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Shahpur (Bahoranpur) P.S. Case No. 500 of 2023, dated 31.10.2023 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution case, total 30 litres country made liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has three criminal antecedents as stated in para 3 of the bail petition in which he is on bail. No

Patna High Court CR. MISC. No.2478 of 2024(2) dt.02-02-2024 2/2 incriminating material has been recovered from the petitioner. He further submits that petitioner is a kidney patient.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the petitioner is not a kidney patient and both kidney is in normal condition.

6. Considering the aforesaid facts and circumstances of the case, 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 prejudiced by this order.

7. The application stands disposed of.

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