Ohm Prakash Choudhary @ Om Prakash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12493 of 2019 Arising Out of PS. Case No.-248 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== OHM PRAKASH CHOUDHARY @ OM PRAKASH CHOUDHARY Son of Jokhan Choudhary, Resident of Village - Khanda, P.S.- Sasaram (Mufassil), Distt.- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Sasaram (Mufassil) P.S. Case No. 248 of 2018 registered for the offences punishable under Sections 30(a), 34 and 38 of Bihar Prohibition and Excise Act.

Petitioner is named in the FIR and as per FIR there is allegation of recovery of more than 2000 litres of liquor and apart from that petitioner is accused in four other cases, out of which three cases relate to Excise Act.

Submission of learned counsel for the petitioner is that recovery is made from other co-accused and not from the petitioner.

Heard learned APP, who has opposed the prayer for anticipatory bail stating that petitioner is named in the FIR and

Patna High Court CR. MISC. No.12493 of 2019(3) dt.20-09-2019 2/2 he has criminal antecedents also.

In view of above facts and circumstances, let petitioner surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T