Kaushal Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49500 of 2021 Arising Out of PS. Case No.-115 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== KAUSHAL KUMAR CHAUDHARY S/o BINOD KAMAT R/o VILLAGEJAGATPUR, P.S.- RAHIKA, DISTRICT-MADHUBANI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-03-2022 Heard both sides.

The petitioner apprehends his arrest in Jaynagar P.S. Case No.115 of 2021 registered under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. It is further submitted that nothing has been recovered from conscious possession of the petitioner.

Learned A.P.P. for the State has opposed the prayer for bail by contending that the petitioner is alleged to have indulged in trade of illicit liquor and as per seizure list, 50.01 litres of Nepali liquor was recovered from his scooter. Therefore, the

Patna High Court CR. MISC. No.49500 of 2021(2) dt.29-03-2022 2/2 petitioner does not deserve anticipatory bail. Having considered the facts aforesaid and the nature of allegation made against the petitioner, this Court is not inclined to enlarge the petitioner on anticipatory bail.

Accordingly, his prayer for bail is rejected. Harish/- (Arvind Srivastava, J) U T