Patna High CourtCR. MISC./50482/2022dismissed

Santosh Chaudhary v. The State Of Bihar

2022-11-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50482 of 2022 Arising Out of PS. Case No.-228 Year-2022 Thana- GOH District- Aurangabad ====================================================== SANTOSH CHAUDHARY Son of Ramdyal Chaudhary R/V- Deohara, P.SGoh, Dist- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual mode. Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in connection with Goh P.S. Case No.228 of 2022, registered for the offence punishable u/s 30(a), 30(g) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Allegedly 32 litres of country made liquor, gas cylinder, one large drum and 500 liter composed mahua Jawa is said to have been recovered from the spot and on seeing the police, petitioner and other co-accused fled away.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence

Patna High Court CR. MISC. No.50482 of 2022(2) dt.11-11-2022 2/2 as alleged in the FIR. He has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has been made accused in this case on the basis of disclosure of local Chaukidar. He has no concern with the recovery of the illicit liquor or any trade of liquor. Alleged recovery has been made from an open place with which petitioner has no concern. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, since petitioner is a member of the syndicate involved in manufacture of illicit liquor, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T