Bideshi Chowdhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21816 of 2021 Arising Out of PS. Case No.-252 Year-2020 Thana- HALSI District- Lakhisarai ====================================================== Bideshi Chowdhary, Son Of Ram Dhani Chowdhary, R/O Village- Kamta Nagar, P.S.- Ramgarh Chowk, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2021 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 Halsi (Ramgarh Chowk) P.S. Case no. 252 of 2020 instituted for the offence punishable under Sections 30(a), of the Bihar Prohibition an Excise Act, 2016.

The prosecution story relates to recovery of 7 litres of country made liquor recovered from the roof of the house of the petitioner.

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

Patna High Court CR. MISC. No.21816 of 2021(2) dt.20-12-2021 2/2 article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of bail and submitted that the alleged recovery has been made from the roof of the petitioner which shows the involvement of the petitioner in the business of illicit liquor. This is not a fit case for anticipatory bail. Having heard learned counsel for the parties and taking into consideration that the alleged house belongs to the petitioner from where recovery of liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

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