Mukesh Chaudhary @ Mukesh Chaudhur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7448 of 2017 Arising Out of PS.Case No. -6 Year- 2016 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mukesh Chaudhary @ Mukesh Chaudhur, Son of Late Maniyar Chaudhary, resident of village - Bangra Baraitha, P.S. Chakiya, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-03-2017 Heard both sides.

The petitioner apprehends his arrest in Piprakothi P.S. Case No. 6 of 2016 registered under Sections 272, 290 of the Indian Penal Code and 47(a) of the Bihar Excise Act. The learned counsel for the petitioner submits that the prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 20.10.2016 passed in Cr. Misc. No.29794 of 2016, as the petitioner was driver of the vehicle which was intercepted and from which huge quantity of 800 litres of sprit containing four drums were seized. The learned counsel for the petitioner further submits that, in fact, the petitioner is not the driver of the vehicle and the driver of the vehicle was one Naveen

Patna High Court Cr.Misc. No.7448 of 2017 (2) dt.08-03-2017 2/2 Pandey, who has already been enlarged on anticipatory bail vide order dated 30.8.2016 passed in Cr. Misc. No. 27687 of 2016 on the ground that he was the owner of the vehicle. Considering the fact that the petitioner earlier claimed to be driver of the vehicle and huge quantity of sprit was recovered from the vehicle, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail is again rejected.

(Prabhat Kumar Jha, J) BTiwary/- U T