Ramesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 45094 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== RAMESH CHAUDHARY Son of Late Hira Chaudhary Resident of VillageAndar Bazar, P.S.- Andar, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Adv For the Opposite Party/s :

Mr.Madan Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within two weeks after complete start of the physical Court.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

Recovery of liquor was made from the house of the petitioner. Petitioner has got no criminal antecedent. Considering presumption under Section 32 and consequent bar of prayer for anticipatory bail under Section 76(2) of Bihar Prohibition and Excise Act, I am not inclined to enlarge the petitioner on anticipatory bail in connection with CIII Case No.09 of 2021 pending in the court of learned

Patna High Court CR. MISC. No. 45094 of 2021(2) dt.20-12-2021 2/2 Additional District and Sessions Judge-2nd-cum-Special Judge (Excise), Siwan. Hence, prayer is refused.

Petitioner is directed to surrender within two weeks and pray for regular bail which shall be considered without being prejudiced by this order.

(Birendra Kumar, J) Nitesh/- U T