Chhabila Pandit @ Chhabilal Pandit @ Chhabila Pandey @ Ram Chhabilal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17038 of 2021 Arising Out of PS. Case No.-307 Year-2020 Thana- PALIGANJ District- Patna ====================================================== CHHABILA PANDIT @ CHHABILAL PANDIT @ CHHABILA PANDEY @ RAM CHHABILAL PANDEY Son of Late Naurang Pandit @ Naurang Pandey Resident of Village- Idilpur, P.S.- Paliganj, District- Patna and at present owner of Rohit Engineering Workshop, Village- Bibipur, P.S.- Paliganj, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parashuram Singh For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Paliganj P.S. Case no. 307 of 2020 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition an Excise Act, 2016.

As per allegation in the FIR, police party has received a secret information that wine was going to be served in the occasion of Vishwakarma Puja in Rohit Engineering Workshop. The police party reached there and apprehended five persons and recovered 375 ml. IMFL. Accordingly, an FIR was

Patna High Court CR. MISC. No.17038 of 2021(2) dt.10-12-2021 2/2 registered against these apprehended five persons along with the petitioner, who is the owner of the workshop. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that petitioner is registered owner of the alleged workshop, from where recovery of illicit liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected. However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U T