Sanjeev Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10868 of 2021 Arising Out of PS. Case No.-394 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== SANJEEV CHAUDHARY S/o Late Rambalak Chaudahry Resident of Village- Nagar Panchayat Bakhri, Ward No.-10, Garhi Tola, P.S.- Bakhri, Distt- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-09-2021 Heard Mr. Ajay Kumar Sinha, learned Advocate for the petitioner and Mr. Arun Kumar Pandey, learned APP for the State.

This case was heard on priority on the plea of the wife of the petitioner being in an advanced stage of pregnancy.

The petitioner seeks bail in anticipation of his arrest in connection with Bakhri P.S. Case No. 394 of 2020 dated 29.09.2020 instituted for the offences under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

Regard being had to the fact that the petitioner was earlier made an accused in a case of similar nature, I am not inclined to grant anticipatory bail to him. Accordingly, the prayer for anticipatory bail is

Patna High Court CR. MISC. No.10868 of 2021(4) dt.29-09-2021 2/2 rejected.

However, if the petitioner surrenders before the court below and seeks bail, it shall be considered on its own merits, taking into account the fact that there is a very small amount of recovery and that also from a hut, the ownership of which is disputed and that in the earlier case, the petitioner is on bail, and shall pass orders in accordance with law without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) krishna/- U T