Bechan Choudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44732 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- SHEOHAR District- Sheohar ====================================================== Bechan Choudhari, aged about 32 years, Male, Son of Ramchandra Choudhari, Resident of Village Sheohar Ward No.14, P.S. Sheohar, District Sheohar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2019 Heard Mr. Pushpendra Kumar Singh, the learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in Sheohar P.S. Case No.81 of 2019, registered under Sections 30(a) and 37(C) of the Bihar Prohibition and Excise Act.

The informant got information that the petitioner was selling toddy in his hut situated in the orchard of the petitioner and on such raid was conducted but the petitioner managed to flee away. From the hut of the petitioner, 30 litres of toddy was recovered.

Learned counsel for the petitioner submits that the petitioner is not the owner of the hut but the FIR itself shows

Patna High Court CR. MISC. No.44732 of 2019(3) dt.30-09-2019 2/2 that the petitioner had constructed hut in his own orchard and it was the petitioner who was selling toddy from the said hut. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T