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Patna High CourtCR. MISC./39358/2020rejected

Chotu Chaudhary v. The State Of Bihar

2021-11-26Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39358 of 2020 Arising Out of PS. Case No.-90 Year-2020 Thana- LODIPUR District- Bhagalpur ====================================================== CHOTU CHAUDHARY son of Upendra Choudhary Resident of VillageAgarpur Chaudhary Tola, P.S.- Lodipur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Nurul Hoda, Adv.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 26-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Lodipur P.S. Case No. 90 of 2020 registered under Section 30 (A) of the Bihar Prohibition and Excise Amendment Act, 2016.

Submission of learned counsel for the petitioner is that the petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against him.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that on perusal of seizure list, it appears that the alleged recovery of 30 ltr. of Mahuwa liquor has been recovered from the possession of

Patna High Court CR. MISC. No.39358 of 2020(3) dt.26-11-2021 2/2 the petitioner. Hence, this is not a fit case of anticipatory bail. Having considered the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of the petitioner is rejected. (Arvind Srivastava, J) utkarsh/- U T