Ashok Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4065 of 2020 Arising Out of PS. Case No.-1038 Year-2019 Thana- SONEPUR District- Saran ====================================================== ASHOK CHAUDHARY Son of Bakhory Chaudhary Resident of Village - Kashmar, P.S.- Sonepur (Pahleja O.P.), Distt - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore ,App ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Sonepur P.S. Case No. 1038 of 2019 registered for the offences punishable under Sections 30, 30(a), 41 and 38 of Bihar Prohibition and Excise Act.

As per prosecution case, there is recovery of 35 litres of liquor from the house of the petitioner.

Submission of learned counsel for the petitioner is that the house is joint house in which his brothers are also living and petitioner has no criminal antecedent.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if he surrenders and prays for regular bail,

Patna High Court CR. MISC. No.4065 of 2020(2) dt.22-01-2020 2/2 the same shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T