Patna High CourtCR. MISC./29992/2019dismissed

Binod Choudhari v. The State Of Bihar

2019-07-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29992 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== 1.

Binod Choudhari Son of Rajdev Choudhari Resident of Village - Pathraura, Bhukhan Bigha, P.S.- Magadh Medical, District- Gaya 2.

Raju Choudhari Son of Shiva Choudhari Resident of Village - Pathraura, Bhukhan Bigha, P.S.- Magadh Medical, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2019 This is an application for grant of anticipatory bail in connection with Magadh Medical P.S. Case No. 60 of 2019 disclosing offence under Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016.

Prosecution story is 450 kg. Mahuwa flower, 100 kg. Kismis in two bags and some other articles are recovered from the boaring house of the petitioners and the accused persons succeeded in fleeing away.

Submission of learned counsel for the petitioner is that no recovery from his possession and the petitioner no. 2 had no criminal antecedent but earlier the prayer for bail of the petitioner no. 1 was rejected by a co-ordinate Bench of this

Patna High Court CR. MISC. No.29992 of 2019(3) dt.18-07-2019 2/2 court vide order dated 07.05.2019 considering that he has criminal history.

Heard learned A.P.P. also who was pointed out that petitioner no. 2 has also criminal antecedent which appears from the case diary and he has suppressed aforesaid in his petition. In view of that facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Rahul/- U T