Patna High CourtCR. MISC./16598/2022bail granted

Dilip Choupal v. The State Of Bihar

2022-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16589 of 2022 Arising Out of PS. Case No.-217 Year-2020 Thana- HARLAKHI District- Madhubani ====================================================== VISHESHWER YADAV @ LULABA SON OF SUTA YADAV R/O VILLAGE- GANGAUR, P.S.- HARLAKHI, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Shubham For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Harlakhi P.S. Case no. 217 of 2020 instituted for the offence punishable under Sections 272, 273 and 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case relates to recovery of 225 litres country made wine from the house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious and constructive

Patna High Court CR. MISC. No.16589 of 2022(2) dt.25-08-2022 2/2 possession.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that the alleged house belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U