Patna High CourtCR. MISC./39619/2023rejected

Ajay Chaudhary @ Ajay Kumar Chaudhary v. The State Of Bihar

2023-10-04Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39619 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== AJAY CHAUDHARY @ AJAY KUMAR CHAUDHARY S/o Fulena Chaudhary Resident of village-Karinga-Musehari P.S. Chapra Muffasil DisttSaran at Chara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-10-2023 Heard Mr.Vijay Kumar, learned counsel for the petitioner and Mrs.Nirmala Kumari, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Chapra Muffasil P.S. Case No. 217 of 2023, FIR dated 18.03.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. Recovery is of 60 liters of country made liquor as well as 3.60 liters of foreign liquor.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case and the petitioner has mentioned in para-3 of the bail petition that the petitioner carries one more case other than the present one.

Patna High Court CR. MISC. No.39619 of 2023(4) dt.04-10-2023 2/2

5. Vide order dated 04.08.2023, a report was called for with regard to the criminal antecedent of the petitioner. Report of the Superintendent of Police, Saran dated 08.09.2023 alongwith letter of the concerned Police Station dated 05.09.2023 reveals that the petitioner carries two more cases other than the present one but he has concealed his criminal antecedent and he has stated that only one case is pending.

6. Considering the aforesaid facts, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Chapra Muffasil P.S. Case No. 217 of 2023 pending in the court of learned A.D.J.-II-cum-1st Exclusive Special Judge, Excise, Saran at Chapra.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T