Fulgen Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5255 of 2020 Arising Out of PS. Case No.-369 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== Fulgen Chaudhary Son of Sogarth Chaudhary, Resident of Village - Maliyar, P.S.- Jaleshwar, District- Mohatari (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Sursand P.S. Case No.369 of 2019 registered for offence punishable under sections 30 (A) of the Bihar Prohibition and Excise Act, 2016.

The police has intercepted Bijli Mukhiya who disclosed that he used to purchase the liquor from the petitioner thereby doing business of illegal liquor.

The learned counsel for the petitioner submits that he has a shop in Nepal boarder and from where this liquor has come.

Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and

Patna High Court CR. MISC. No.5255 of 2020(2) dt.29-02-2020 2/2 accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below without being prejudiced by this order will take decision in accordance with law. (Shivaji Pandey, J) Mahesh/- U T