Vishwanath Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4014 of 2015 Arising Out of PS.Case No. -33 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictSIWAN ====================================================== Vishwanath Choudhary, Son of Late Kariman Choudhary, Resident of Village Dhudhara, P.S. Gorea Kothi, District Siwan. .... .... Petitioner

Versus

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

For the Petitioner :

Mr. Ramchandra Sahni, Advocate For the Opposite Party :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2015 Heard both sides.

The petitioner apprehends his arrest in C.II 33 of 2014, registered for the offence punishable under Section 47A of the Excise Act.

According to the prosecution report, the excise officials raided the house of the petitioner situated in Village Dhuthara, P.S. Gorea Kothi, District Siwan and recovered 120 litres of country made liquor kept in three jerkins. Learned counsel for the petitioner submits that the petitioner is resident of Village Basawa, P.S. Basantpur, District Siwan which would appear from the voter identity card of the petitioner. The house from which the recovery has been made does not belong to the petitioner.

Patna High Court Cr.Misc. No.4014 of 2015 (2) dt.29-01-2015 2 / 2 On perusal of the records, it appears that the excise officials made very specific allegation that the house of the petitioner situated in Village Dhuthara was raided and from there 120 litres of country made liquor was recovered. Hence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected in connection with C.II 33 of 2014, pending in the court of learned Chief Judicial Magistrate, Siwan.

(Prabhat Kumar Jha, J.) Sanjay/- U T