Chhotelal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9552 of 2023 Arising Out of PS. Case No.-222 Year-2021 Thana- ATRI District- Gaya ====================================================== CHHOTELAL CHAUDHARY Son of Sri Bale Chaudhary R/v- Mahmadpur, P.S.- Atri, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a)(d) of Bihar Prohibition and Excise Act.

5 litres of country made liquor and utensils have been recovered from the place of occurrence. 1200 litres of Mahua Mitha Kismis Gehu Ghol contained in six drums was destroyed at the place of occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail

Patna High Court CR. MISC. No.9552 of 2023(2) dt.20-04-2023 2/2 application. It is further submitted that there is no recovery from conscious possession of the petitioner.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner by submitting that the local villagers disclosed that petitioner is the member of the syndicate involved in manufacturing of illicit liquor. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected in connection with Atri P.S. Case No.222 of 2021, pending in the court of learned Exclusive Special Excise Court No.-1, Gaya.

(Anjani Kumar Sharan, J) S.KUMAR/- U T