Manoj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28908 of 2019 Arising Out of PS. Case No.-55 Year-2019 Thana- DHURAIYA District- Banka ====================================================== MANOJ CHOUDHARY Son of Prakash Choudhary Resident of Village - Bishanpur, P.S.- Dhoraiya, Dist.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This application, for grant of anticipatory bail, arises out of Dhoraiya P.S. Case No. 55/2019, disclosing offences under Sections 30 (a) of the Bihar Prohibition and Excise Act. Allegation is of recovery of 3.5 litres of country made liquor from the house of the petitioner. Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case and in fact nothing has been recovered from his house.

Learned counsel for the State opposed the prayer for bail and submitted that prima facie case is made out against the petitioner.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the

Patna High Court CR. MISC. No.28908 of 2019(3) dt.16-07-2019 2/2 privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T