Amodh Chaudhary @ Amod Chaudhary @ Amod Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11240 of 2023 Arising Out of PS. Case No.-387 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== 1.

AMODH CHAUDHARY @ AMOD CHAUDHARY @ AMOD KUMAR CHAUDHARY Son of Late Kailash Chaudhary R/v- Jaffarpur, P.S.- Paroo, District- Muzaffarpur 2.

SUMOD CHAUDHARY @ SUBODH CHAUDHARY Son of Late Kailash Chaudhary R/v- Jaffarpur, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Paroo P.S. Case No.387/2022, registered for the offence punishable u/s 30(a), 31, 32, 33, 41(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Altogether 15 litres of country made liquor and two drums Mahua and Jaggery solution were recovered from the courtyard of the petitioners. It is alleged that they are indulged in manufacturing of illicit liquor.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.11240 of 2023(2) dt.25-04-2023 2/2 They have been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or trade of liquor. The said house is in an abandoned state and is open from all sides, which is easily accessible to anyone. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is allegation that petitioners are involved in manufacturing of illicit liquor, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T