Rajesh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13556 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Rajesh Chaudhary, Son of Nandlal Chaudhary, R/o Village and P.O. Sakhara, P.S.- Saraiya , District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Alok Kumar Alok For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-04-2016 Heard.
The petitioner apprehends his arrest in a criminal prosecution registered under Section 308 of the Indian Penal Code as also under Section 47(a) and 47(f) of The Bihar Excise Act, 1915.
Taking into consideration the fact that the petitioner is specifically named in the FIR vide Annexure-1 as an accused and also taking into consideration the fact that he was allegedly found involved in manufacturing wine/liquor illegally and also taking into consideration the fact that huge quantity of illegal wine/country made liquor, besides other equipments/utensils, have been seized from his house, which are used for the purposes of manufacturing of country made liquor, which all have been mentioned in the FIR vide Annexure-1 as also in the seizure list, which is part of the FIR, this Court is not inclined to accede to the prayer made on his behalf for grant of anticipatory bail. Accordingly, his prayer for grant of anticipatory bail in connection with Saraiya P.S. Case No.44 of 2016 pending in the court of
Patna High Court Cr.Misc. No.13556 of 2016 (2) dt.12-04-2016 learned S.D.J.M. (West) Muzaffarpur is rejected. However, if the petitioner surrenders in the court below within a period of four weeks from today and applies for regular bail, then the same shall be considered and decided on its own merits without being prejudiced by the present order. (Birendra Prasad Verma, J) Arvind/- U T