Ashok Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30893 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== ASHOK CHAUDHARY Son of Vishwanath Chaudhary R/o Jhakhiya Chowk, P.S.- Banjariya, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2019 This application, for grant of anticipatory bail, arises out of Turkauliya [Raghunathpur] P.S. Case No. 147/2019, disclosing offences under Sections 272, 273/34 of the Indian Penal Code and Sections 30 [a] [I] 4[i] of the Bihar Prohibition of Excise Act, 2016.

Allegation as per F.I.R. is that police on secret information intercepted a pick-up van, from which, 2310 liter spirit has been recovered and one person was arrested and, who disclosed the name of petitioner and others as the persons, who fled away. Apart from that petitioner is accused in one more case of similar nature.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case only on the basis

Patna High Court CR. MISC. No.30893 of 2019(4) dt.06-08-2019 2/2 of confessional statement of apprehended accused and except that there is nothing against the petitioner. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the fact that petitioner is accused in one more case of similar nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner, if so desire, 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