Vivek Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45529 of 2016 Arising Out of PS.Case No. -117 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictVAISHALI(HAJIPUR) ======================================================
1. Vivek Chaudhary Son of Ram Prasad Chaudhary resident of village - Phulhara, P.S. Raja Pakar ( Barati O.P. ), District - Vaishali at Hajipur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner prays for anticipatory bail in connection with Case No. C-2A 117 of 2016 registered for the offences punishable under Section 47(A) of the Bihar Excise Act.
It has been submitted on behalf of the petitioner although it is alleged that 35 litres of country made liquor has been recovered from the house of the petitioner, but the house is joint family property and seizure list witness is resident of village, situated 35 km away from the place of occurrence. It has also been submitted that petitioner has no criminal antecedent.
Learned A.P.P. opposes the prayer of bail application. Considering the facts and circumstances of the case and other materials reflected from the record including the impugned order, I am not inclined to extend him the privilege of anticipatory bail. Accordingly the
Patna High Court Cr.Misc. No.45529 of 2016 (2) dt.16-12-2016 2/2 prayer for bail is rejected.
The petitioner may surrender before the court below within a period of three weeks from today and pray for bail, if he does so. The court below shall consider the same and disposed of the same on the same day on its own merit without being influenced by the present order. Thus, this petition is accordingly disposed of. (Vinod Kumar Sinha, J) siddharth/- U T