Ranjit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9889 of 2020 Arising Out of PS. Case No.-20 Year-2020 Thana- BARBIGHA District- Sheikhpura ====================================================== 1.

Ranjit Chaudhary S/O Late Sitaram Chaudhary Resident of Village - Narayanpur, P.S. - Barbigha, District - Sheikhpura. 2.

Gyatri Devi W/O- Ranjit Chaudhary Resident of Village - Narayanpur, P.S. - Barbigha, District - Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2020 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016 as amended by Amendment Act 8 of 2018.

The prosecution case is that 13.000 litres of country made liquor was recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Considering the nature of accusation and the recovery,

Patna High Court CR. MISC. No.9889 of 2020(2) dt.03-03-2020 2/2 this Court is not inclined to grant anticipatory bail as the same is not maintainable, however keeping in view the quantity of recovery and statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, it is a case for consideration of the prayer for regular bail by the learned Court below in case the petitioner surrenders within a period of six weeks and prays for the same in connection with Barbigha P.S. Case No. 20 of 2020 pending in the Court of ADJ II, Sheikhpura.

This application is accordingly disposed of.

(Dinesh Kumar Singh, J) anil/- U