Rahul Kumar Choudhary @ Rahul Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23867 of 2022 Arising Out of PS. Case No.-385 Year-2021 Thana- PUPRI District- Sitamarhi ====================================================== RAHUL KUMAR CHOUDHARY @ RAHUL CHOUDHARY S/O NAVAL KISHOR CHAUDHARY @ NAVAL KISHOR CHOUDHARY R/o villageDumharpatti, P.S.- Pupri, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 414 of the Indian Penal Code and under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 4.125 liters of country made liquor has been recovered from the motor cycle parked by this petitioner. Name of the petitioner was disclosed by village Chowkidar.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way

Patna High Court CR. MISC. No.23867 of 2022(4) dt.02-09-2022 2/2 concerned with the alleged recovery.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that petitioner has got two criminal antecedents of similar nature.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T