Chandu Chaudhary @ Chandeshwar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25066 of 2020 Arising Out of PS. Case No.-128 Year-2020 Thana- RAHUI District- Nalanda ====================================================== Chandu Chaudhary @ Chandeshwar Chaudhary Son of Ramu Chaudhary Resident of Village- Mananki, P.S.- Rahui, District- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pramod Kumar Sinha, Advocate For the Opposite Party :

Mr. Parmanand Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner and the State via Video Conferencing.

Petitioner apprehends arrest in a case registered for the offences punishable under section 30a of the Bihar Prohibition and Excise Act.

Total 10 liters of country made liquor is said to have been recovered from the house of the petitioner in course of raid, the petitioner managed to flee away from the spot. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to dirty village politics. In paragraph 6 of the bail petition, the petitioner avers that the Mukhia of Gram Panchayat, Nakatpura has issued a certificate to the effect that the petitioner is residing at Kodarma (Jharkhand) and he is serving his duty in Animal Protection Department, Kodarma. Petitioner has got no criminal antecedent.

Learned counsel for the State opposes the prayer for bail submitting that as the alleged recovery of illicit liquor has

Patna High Court CR. MISC. No.25066 of 2020(3) dt.06-11-2020 2/2 been made from the petitioner's house, the instant bail application is not maintainable under section 76 of the Bihar Prohibition and Excise Act.

In that view of the matter, 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 prejudice.

(Prabhat Kumar Singh, J) Shashi U T