Patna High CourtCR. MISC./47937/2019disposed

Babulal Chaudhary v. The State Of Bihar

2019-08-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47937 of 2019 Arising Out of PS. Case No.-233 Year-2011 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== BABULAL CHAUDHARY Son of Jethu Chaudhary Resident of Village - Padmawat, P.S.- Jamui, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 47A of the Excise Act.

It is alleged that from the muddy house of the petitioner, 4 litres of country made liquor were recovered. It is submitted by learned counsel for the petitioner that the petitioner has maliciously been roped in the present case. The case was registered in 2011 under the old Excise Act and the petitioner was not aware about the case being lodged.

This Court is not inclined to exercise the

Patna High Court CR. MISC. No.47937 of 2019(2) dt.01-08-2019 2/2 jurisdiction for granting of anticipatory bail to the petitioner since the case was lodged in the year 2011 when the present Criminal Miscellaneous application has been registered on 31.07.2019.

However, in view of the quantity of recovery, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner and preferably disposed of the same on the same day, if the petitioner surrenders within a period of six weeks in Case No. 233 C2 of 2011, pending before the learned Additional Sessions Judge-II, Jamui. With the above observation, this application is, accordingly, disposed of.

(Dinesh Kumar Singh, J) Ashwini/- U T