Patna High CourtCR. MISC./42426/2021dismissed

Nehru Chaudhary @ Neheru Chaudari v. The State Of Bihar

2022-01-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42426 of 2021 Arising Out of PS. Case No.-298 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== NEHRU CHAUDHARY @ NEHERU CHAUDARI S/o Prabhu Choudhary R/o village- Bhikhampur, P.S.- Rupow @ Rupau, District- Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar, Adv.

For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2022 Heard the parties through virtual mode.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with Nawada G.O. Case No.298 of 2020, registered for the offence punishable under section 30(A) of the Bihar Prohibition & Excise Act.

Altogether 22 liters of Mahua wine is said to have been recovered from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged

Patna High Court CR. MISC. No.42426 of 2021(2) dt.22-01-2022 2/2 in the FIR. He has been falsely implicated in this case due to high handedness of the police. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. The house of the petitioner, from where the recovery has been made is a joint house property. Petitioner has no criminal antecedent, as also mentioned in para-3 of the this application. Considering the aforesaid facts and circumstances, since the recovery has been made from the house of the petitioner, I am not inclined to grant anticipatory bail to the petitioner named above. The prayer for bail is rejected.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T