Patna High CourtCR. MISC./52322/2021disposed

Suresh Choudhary v. The State Of Bihar

2022-04-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52322 of 2021 Arising Out of PS. Case No.-279 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== SURESH CHOUDHARY Son of Late Gudagi Choudhary Resident of Village - Shivaji Nagar, Purani Jakkanpur, P.S.- Jakkanpur, Distt.- Patna. (Owner of the motor Cycle Bearing regd. No.BR01DQ-0832) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jakkanpur P.S. Case no. 279 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 2.88 litres liquor from the motorcycle of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating

Patna High Court CR. MISC. No.52322 of 2021(2) dt.07-04-2022 2/2 article has been recovered from his conscious and constructive possession.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that the alleged vehicle belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner. This application stands disposed off.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on the basis of meager quantity of recovery.

(Sunil Kumar Panwar, J) sushma/- U