Kishori Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50141 of 2016 Arising Out of PS.Case No. -23 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Kishori Choudhary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in connection with G.O. Case No. 23 of 2014, Tr. No. 3302 of 2013 registered under Sections 47(a) and (f) of the Bihar Excise Act, pending in the court of learned 1st A.C.J.M., Nawadah. The allegation against the petitioner is that 40 liters of prepared country made illicit liquor and 400 Kg. Jawa Mahua have been recovered from his house.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. 40 liters of country made wine is said to have been recovered from his house. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the case is

2atna High Court Cr.Misc. No.50141 of 2016 (2) dt.22-11-2016 2/2 of the year 2013 and for the first time the petitioner has preferred this anticipatory bail application in 2016. It is further submitted that one more criminal case is pending against the petitioner. Considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner and same is rejected.

However, the petitioner is directed to surrender in the court below and pray for regular bail which shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) singh/- U T