Patna High CourtCR. MISC./45782/2021bail rejected

Tunna Chaudhary @ Tunna Kumar v. The State Of Bihar

2021-12-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45782 of 2021 Arising Out of PS. Case No.-166 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== Tunna Chaudhary @ Tunna Kumar Son Of Anup Chaudhary Resident Of Village - Sakaddi, Police Station - Koilwar, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Excise Case No.791 of 2021, arising out of Koilwar P.S. Case No.166 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. From the auto-rickshaw of the petitioner liquor was recovered. The petitioner has stated in para-8 that he had given the auto-rickshaw for plying to one Anup Kumar on rent. However, no document of agreement between the petitioner and Anup is there. Petitioner has got no criminal antecedent. Considering presumption of law against the petitioner

Patna High Court CR. MISC. No.45782 of 2021(2) dt.20-12-2021 2/2 as contained in Section 32 of the Bihar Prohibition and Excise Act as well as bar of prayer for anticipatory bail under Section 76(2) of the said Act, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner within two weeks, the prayer for regular bail shall be considered without being prejudiced by the order of this Court. (Birendra Kumar, J) Mkr./- U T