Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77804 of 2018 Arising Out of PS. Case No.-125 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Manoj Paswan Son of Late Umesh Paswan, Resident of Village - Bhirkhi Madhepura, P.S. Madhepura, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-01-2019 This application, for grant of anticipatory bail, arises out of Excise Case No. 125/18, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016. Allegation is of recovery of 4.750 litres of country made liquor. Apart from that he is an accused in one more case of similar nature.

Submission of learned counsel for the petitioner that the has falsely been implicated in this case and nothing has been recovered from his conscious possession rather the recovery is from the house, which is in joint possession of petitioner and others.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.77804 of 2018(2) dt.02-01-2019 2/2 circumstances as well as the fact that petitioner is an accused in one more case of similar nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T