Banda Chaudhary @ Banda Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53925 of 2015 Arising Out of PS.Case No. -534 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Banda Chaudhary @ Banda Chauhan, Son of Dayali Chaudhary, Resident of Village:- Bhadaur, P.S.:- Nardiganj, District- Nawada. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Hansraj, Advocate For the Opposite Party/s : Smt. Sahin Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 08-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with G.O. Case No. 534/2014 registered under Section 47(a) of the Excise Act.

It has been alleged in the prosecution report that 10 liters of illicit liquor kept in a plastic gallon and 120 kg of Jawa Mahua was recovered from the house of the petitioner by the informant of the case.

Learned counsel for the petitioner has submitted that the petitioner was not arrested at the time of seizure and no

Patna High Court Cr.Misc. No.53925 of 2015 (2) dt.08-12-2015 2 / 2 incriminating article has been recovered form his conscious possession.

Be that as it may, regard being had to the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the application is rejected. In case the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by order of this Court. (Ashwani Kumar Singh, J.) Sanjeet/- U T