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2025 DAILYLAW 25426 (PAT)

Mohan Paswan v. The State of Bihar

CR. MISC./18175/2025 · 2025-04-10

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18175 of 2025 Arising Out of PS. Case No.-893 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Mohan Paswan S/o Late Basudev Paswan Resident of Village - Vivekanand Colony Nahar, PS- Katihar, Distt.- Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rohit Kumar, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 10-04-2025 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 30(a), 32, 41 and 47 of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, 24 liters illicit foreign liquor was recovered from the house of petitioner. 4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has been made accused only on suspicion. 5. Learned A.P.P. for the State submits that 24 liters illicit liquor was recovered from the house of the petitioner and Patna High Court CR. MISC. No.18175 of 2025(2) dt.10-04-2025 2/2 he has got five criminal antecedents out of which three antecedents are of similar nature. He further submits that petitioner is not entitled to the privilege of anticipatory bail in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.). 6. Considering the aforesaid facts, anticipatory bail application of the petitioner is rejected. ajay/- (Prabhat Kumar Singh, J) U T