Jitendra Chaudhri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15725 of 2022 Arising Out of PS. Case No.-482 Year-2021 Thana- BASANTPUR District- Siwan ====================================================== Jitendra Chaudhri Son of Late Yogendra Chaudhari Resident of Village Basaon, P.S.- Basantpur, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 16906 of 2022 Arising Out of PS. Case No.-482 Year-2021 Thana- BASANTPUR District- Siwan ====================================================== Champa Devi W/o Late Yogendra Chaudhari Resident of Village - Basaon, P.s.- Basantpur, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 15725 of 2022) For the Petitioner/s :
Mr.Shashi Kumar Sharma For the Opposite Party/s :
Mr.Rita Verma (In CRIMINAL MISCELLANEOUS No. 16906 of 2022) For the Petitioner/s :
Mr.Shashi Kumar Sharma For the Opposite Party/s :
Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.15725 of 2022(2) dt.29-07-2022 2/2 present case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 35 liters of country made liquor has been recovered from the house of Champa Devi (petitioner of Cr. Misc. No.16906 of 2022). Jitendra Chaudhri and Champa Devi (petitioners of both the cases) are said to have involved in selling illicit liquor. It is lastly submitted that the petitioner Jitendra Chaudhri has got one criminal antecedent whereas petitioner Champa Devi has got no criminal antecedent as stated in paragraph-3 of the bail applications.
Taking into consideration the fact that liquor has been recovered from the house of petitioner, Champa Devi and petitioners of both the cases were involved in selling illicit liquor, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected in connection with Basantpur P.S. Case No.482 of 2021, pending in the court of learned Exclusive Special Excise Court No.1, Siwan.
(Anjani Kumar Sharan, J.) Sanjay/- U T