Rajendra Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.25900 of 2015 (2) dt.27-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25900 of 2015 Arising Out of PS.Case No. -301 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Rajendra Chaudhary, Son of Late Govind Choudhary, Resident of Village- Samrigrah, P.S.- Roh, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 27.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

60 liters country made liquor are said to have been recovered from the house of the petitioner but submission on behalf of the petitioner is that nothing had been recovered from the house of the petitioner and falsity of this case is proved by this fact that one of the seizure list witnesses died much prior to preparation of seizure list. Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to grant the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Excise P.S. Case no. 301/2014 pending in the court of the Chief Judicial Magistrate, Nawada stands rejected.

However, if petitioner surrenders within four weeks from today and seeks regular bail, his regular bail application shall be

Patna High Court Cr.Misc. No.25900 of 2015 (2) dt.27-07-2015 considered on its own merit without being prejudiced by this rejection order.

shahid (Hemant Kumar Srivastava,J) U T