Kashi Choudhary @ Kashi Nath Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44609 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== KASHI CHOUDHARY @ KASHI NATH CHOUDHARY, Son of Late Raj Narayan Chouchary, Resident of Village - Chandauli Ward No. 3 P.S.- Tajpur, Distt - Samastipur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Roy For the Opposite Party/s :
Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 85 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act pending in the court of Additional Sessions Judge-IIcum-Special Judge, Excise, Samastipur. Allegation as per report of Excise Inspector is that on confidential informant he raided the house of the petitioner as well as house of his uncle and recovered liquor from there. Submission of learned counsel for the petitioner is that nothing has been recovered from his house or from his possession, rather recovery has been made from the abandoned house of his uncle and he has no criminal antecedent. Heard learned APP, who has opposed the prayer for
Patna High Court CR. MISC. No.44609 of 2019(2) dt.19-07-2019 2/2 anticipatory bail stating that column-7 of the report disclosed that recovery is from the house of the petitioner as well as from the house of his uncle. However, from column-6 it appears that the recovery is from the uncle of the petitioner, which is under the control of the petitioner and as such there is prima facie case against the petitioner.
In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner.
Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T