Ashok Choudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1789 of 2020 Arising Out of PS. Case No.-138 Year-2019 Thana- DEO District- Aurangabad ====================================================== Ashok Choudhari, Son of Kapur Chaudhari @ Kapurchand Chaudhari Resident of Village - Neyapur, P.S.- Deo Distt - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-02-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Deo P. S. Case No.138 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Since the recovery has been made from the Palani of petitioner, in my view, this anticipatory bail is not maintainable and accordingly, this anticipatory bail stands dismissed being not maintainable.

4. However, if the petitioner surrenders and seeks regular bail within six weeks, the same shall be considered on its own merit without being prejudiced by this order.

(Hemant Kumar Srivastava, J) vikash U T