Prabhash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19119 of 2021 Arising Out of PS. Case No.-768 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== Prabhash Choudhary Son of Late Puran Choudhary Resident of Village - Nath Nagar, P.S. - Nath Nagar, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a), 37B and 41(1) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R., on secret information having been received, a raid was conducted in the house of the petitioner. It is stated that six persons were found in an intoxicated state. Further 100 litres of liquor was recovered and the petitioner was taken into custody.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations as levelled in the F.I.R. are false and concocted. The date of custody of the petitioner has wrongly been mentioned as

Patna High Court CR. MISC. No.19119 of 2021(2) dt.03-09-2021 2/2 9.1.2021 instead of the correct 12.12.2020. Investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner having antecedent under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Liberty is granted to the petitioner to renew his prayer for bail on completing one year in custody.

(Partha Sarthy, J) Bibhash/- U