Prem Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33451 of 2020 Arising Out of PS. Case No.-312 Year-2020 Thana- LAHERIYASARAI District- Darbhanga ====================================================== PREM KUMAR CHOUDHARY, S/o Madan Choudhary R/o MohallaAnhariabag Belwaganj, P.S.- Laheriasarai, District- Darbhanga ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-03-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 07.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Laheriasarai P.S. Case No. 312 of 2020, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, pending in the court of the learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise Act, Darbhanga. The accusation is of recovery of 15 bottles, each containing 180 ML, Indian Made Foreign Liquor recovered from

Patna High Court CR. MISC. No.33451 of 2020(2) dt.16-03-2021 2/2 the roof of house of the petitioner.

Learned counsel appearing on behalf of petitioner submits that petitioner has no criminal antecedent and he has falsely been implicated in this case.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-arrest bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which shall be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T