Upendra Chaudhary @ Upendra Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9724 of 2025 Arising Out of PS. Case No.-264 Year-2024 Thana- JANTA BAZAR District- Saran ====================================================== Upendra Chaudhary @ Upendra Kumar Chaudhary Son of Tarkeshwar Chaudhary Resident of Village - Shobhipur, P.S. - Janta Bazar, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Barnwal, Advocate For the Opposite Party/s :
Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in connection with Janta Bazar P.S. Case No. 264 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case in short, is that, 30 litres of country made liquor was recovered from Scooty.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that scooty in question does not belong to the petitioner. The petitioner has got four criminal antecedents.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that the
Patna High Court CR. MISC. No.9724 of 2025(2) dt.28-02-2025 2/2 petitioner bears four criminal antecedents. Hence, the petitioner does not deserve the privilege of anticipatory bail.
6. Considering the aforesaid facts and circumstances of the case and criminal antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
7. The prayer is rejected. However, the petitioner is directed to surrender in the Court below and pray for regular bail. If any such application is filed, the Court below shall consider and dispose of the same on its own merit without being prejudiced by this order.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T