Patna High CourtCR. MISC./13198/2021dismissed

Kishore Choudhary @ Raj Kishore Choudhary v. The State Of Bihar

2022-01-07Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13198 of 2021 Arising Out of PS. Case No.-29 Year-2012 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== KISHORE CHOUDHARY @ RAJ KISHORE CHOUDHARY SON OF NANDLAL CHOUDHARY R/o village- Aami, P.S.- Dighwara, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kumari For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-01-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner apprehends his arrest for the offences alleged under Section 47(A) of Bihar Prohibition and Excise Act, 2016, registered in connection with Excise Case No. 29 of 2020.

The present case has been registered under Section 47(A) of the old Excise Act. As per the FIR, 12 litres of country-made liquor was seized from the house of the petitioner.

Patna High Court CR. MISC. No.13198 of 2021(2) dt.07-01-2022 2/2 The case was registered in the year 2012. It is surprising that after a lapse of nine years, the petitioner is coming forward with a prayer for grant of anticipatory bail. Due to absconding of the petitioner, the case could not be proceeded for nine years. In such circumstances, the petitioner is not entitled to grant of privilege of anticipatory bail.

The anticipatory bail application is accordingly rejected.

The petitioner is directed to surrender in the court below and make a prayer for regular bail.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T