Arjun Choudhary And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.37432 of 2014 (2) dt.25-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37432 of 2014 Arising Out of PS.Case No. -42 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictSARAN ======================================================

1. Arjun Choudhary son of Deepa Shankar Choudhary.

2. Raghu Choudhary son of Banshi Choudhary.

Both resident of Village-Koreya, P.S.-Dighwara, District-Saran at Chapra .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Narendra Kumar, Advocate For the Opposite Party/s : Mr. Pradip Nr.Kumar (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-03-2015 Supplementary affidavit has been filed on behalf of petitioners. Keep it on the record.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners apprehending their arrest in Excise Case No. 42/2011 registered under Section 47 (a) of the Excise Act seek the privilege of pre-arrest bail.

Allegedly, from the premises of the petitioners, 210 litres of country made liquor has been recovered. Submission is of false implication and that the petitioners run a wine shop. The petitioners are poor person and have become victim of the circumstances.

Patna High Court Cr.Misc. No.37432 of 2014 (2) dt.25-03-2015 The learned A.P.P. opposes the prayer of pre-arrest bail by submitting the aforesaid recovery and further that earlier also the petitioners were involved in similar nature of case. Considering the alleged recovery of country-made liquor from the premises of the petitioners, this court is not persuaded to grant the privilege of pre-arrest of bail and accordingly, pre-arrest bail application stands rejected. (Jitendra Mohan Sharma, J.) Kamlesh U T