Patna High CourtCR. MISC./27311/2020bail rejected

Chandan Dhangad v. The State Of Bihar

2020-11-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27311 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== CHANDAN DHANGAD Son of Sri Jairam Dhangad Resident of VillageHarpurwa, Dhangadpatti (Toli), P.S.- Jogapatti, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner apprehends arrest in Jogapatti Police Station Case No. 08/2020 registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act. There is allegation of recovery of 5 liters of illicit liquor from the thatched hut of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that no incriminating material has been recovered from the conscious possession of the petitioner rather the alleged illicit liquor has been recovered from a hut which does not belong to the petitioner. As per paragraph 3, petitioner has got no criminal antecedent. Learned counsel for the State submits that as the recovery of illicit wine is from the hut of the petitioner, the anticipatory bail petition is not maintainable as per section 76(2) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.27311 of 2020(2) dt.06-11-2020 2/2 In view of the above, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without being prejudiced by this order.

(Prabhat Kumar Singh, J) Shashi U T