Shivnath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85225 of 2019 Arising Out of PS. Case No.-454 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== SHIVNATH PASWAN Son of Kailash Paswan Resident of Village - Purani Bazar, P.S.- Motipur, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr. Raju Kumar Goswami, Advocate Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Motipur P.S. Case No.454 of 2019, registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Sections 30(a)/41(1)(2) of the Bihar Prohibition and Excise Act, 2018.

Allegation is that petitioner and others were involved in the business of liquor.

Submission is that the liquor was recovered not from the place of petitioner or from the conscious possession of the petitioner. Only suspicion is there. The petitioner has got two identical criminal cases against him.

Patna High Court CR. MISC. No.85225 of 2019(2) dt.07-01-2020 2/2 Considering the criminal antecedent of the petitioner, this is is not a fit case for grant of anticipatory bail. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be considered without being prejudiced by the order of this Court rather taking note of the fact that in this case there is no substantial material against the petitioner.

(Birendra Kumar, J) Mkr./- U T