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Patna High CourtCR. MISC./41017/2016rejected

Pawan Chaudhary v. The State Of Bihar

2016-09-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41017 of 2016 Arising Out of PS.Case No. -647 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. District- NAWADA =====================================

1. Pawan Chaudhary, Son of Late Ghutan Chaudhary, Resident of Village:- Gurmha, P.S:- Muffasil, District:- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv. For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-09-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of G.O. Case No. 647 of 2015, disclosing offences under Section 47(a) (F) of the Excise Act.

It is alleged that on the basis of secret information, in a raid, conducted by the Excise Officials, 20 liters of illicit liquor and 200 kg. Jawa Mahua were recovered from the place from where the petitioner used to operate. At the time of search, the petitioner succeeded in

Patna High Court Cr.Misc. No.41017 of 2016 (2) dt.26-09-2016 2/2 fleeing away.

Learned counsel for the petitioner has submitted that the petitioner has no concern with the place from where the illicit liquor and Mahua were recovered. However, considering the nature of allegation, I am not inclined to grant the petitioner, above named, the privilege of anticipatory bail.

This application is, accordingly, rejected.

The petitioner is directed to surrender before the learned court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned court below on its own merit, without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J.) Praveen-II/-c U T