Paras Choudhary @ Paras Nath Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33619 of 2019 Arising Out of PS. Case No.-430 Year-2018 Thana- DINARA District- Rohtas ====================================================== PARAS CHOUDHARY @ PARAS NATH CHOUDHARY Son of Late Ram Rup Choudhary @ Ram Swarup Choudhary Resident of Village - Koath, P.S.- Dawath, District- Rohtas (Sasaram) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.

95 litres of foreign liquor is said to have been recovered from the tempo and one Irshad Khan was apprehended in the course of escaping from the said tempo. He

Patna High Court CR. MISC. No.33619 of 2019(3) dt.07-08-2019 2/3 disclosed that Dhiraj Kumar had loaded the aforesaid liquor in tempo and said liquor is hailing to the petitioner Paras Chaudhary.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no concern either with the seized liquor or vehicle in question or trade of liquor. There is nothing on record indicating the complicity of the petitioner in the occurrence barring the disclosure made by the apprehended accused Irshad Khan due to animosity.

On the other hand, learned APP for the State opposing the bail petition submitted that the petitioner is having criminal antecedent and altogether five cases under Excise Act have been lodged against the petitioner, hence he does not deserve bail.

Having regard to the facts and circumstances of the case and keeping in view of the criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected. However, petitioner is directed to surrender before the learned court below within six weeks from today and seek

Patna High Court CR. MISC. No.33619 of 2019(3) dt.07-08-2019 3/3 regular bail and the learned court below shall dispose of the bail petition of the petitioner on the very date of his surrender in accordance with law without being prejudiced by this order. (Prakash Chandra Jaiswal, J) mantreshwar/- U T