Hansnath Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4789 of 2017 Arising Out of PS.Case No. -120 Year- 2016 Thana -DURAULI District- SIWAN ====================================================== Hansnath Choudhary, Son of Late Phulena Choudhary, Resident of Village: Tiyar, P.S. Assaon, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 272, 273, 308 and 420 of the Indian Penal Code and 47 (A) of the Bihar Prohibition and Excise Act, 2016.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and he has been named by the co-accused due to land dispute. He has falsely been implicated in the present case. Heard learned A.P.P. also.

Having heard both sides and considering recovery of huge quantity of liquor from the possession of the petitioner, I am not inclined to grant anticipatory bail to the petitioner, the same is rejected.

Patna High Court Cr.Misc. No.4789 of 2017 (2) dt.14-02-2017 2/2 However, petitioner may surrender in the court below, i.e., learned Judicial Magistrate, Siwan, in connection with Darauli P. S. Case no. 120 of 2016 and make prayer for regular bail before the court below itself which will consider all aspects of the matter and the materials available on the record and dispose of the same preferably on the same day without being prejudiced by the order of this Court.

With the aforesaid observation this application stands disposed of.

(Vinod Kumar Sinha, J) sudip/- U T