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Patna High CourtCR. MISC./42305/2021disposed

Garib Nath Choudhary v. The State Of Bihar

2022-03-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42305 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Garib Nath Choudhary Son of Late Baijnath Choudhary Resident of Village - Mithanpura (Near Medical College), P.S. - Ahiyapur, District - Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-03-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is apprehending his arrest in a case registered in connection with Excise case no. 98 of 2020 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act 2016.

As per allegation in the F.I.R 2.010 liters illicit liquor was recovered from Betel shop, inside the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is falsely implicated in this case. He was not caught on the spot. Petitioner has got no criminal antecedent. Learned Additional Public Prosecutor opposed the

Patna High Court CR. MISC. No.42305 of 2021(2) dt.02-03-2022 2/2 bail prayer of the petitioner.

Considering the facts that liquor has been recovered from inside the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail and hence, his prayer for anticipatory bail stands rejected.

Petitioner is directed to surrender before the court below and seek regular bail.

(Sunil Kumar Panwar, J) N.K/- U T