Bholi Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33616 of 2020 Arising Out of PS. Case No.-85 Year-2009 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== BHOLI CHOUDHARY Son of Ganauri Choudhary Resident of Village - Urain, P.S.- Kajra, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-12-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Official Complaint Case No. 85C/2 of 2009, registered for the offence punishable under Section 47(a)(f) of the Bihar Excise Act. 245 K.g. of Jawa Mahua and 50 litres of country made liquor have been recovered from the house of this petitioner. It is submitted that petitioner is first offender and as per old Bihar Excise Act, the anticipatory bail is maintainable

Patna High Court CR. MISC. No.33616 of 2020(3) dt.16-12-2020 2/2 and as per section 47(a)(f) for the first offence, sentence is three months and fine is of Rs. 500/- only. Summons were issued in the year 2013.

Considering the fact that there is lapse of eleven years, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T