Dilip Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48806 of 2019 Arising Out of PS. Case No.-484 Year-2018 Thana- MASAUDHI District- Patna ====================================================== 1.

DILIP CHAUDHARY Son of Ram Briksh Chaudhary Resident of Village - Sanghatpar, P.S.- Masaurhi, District- Patna 2.

Sanjay Chaudhary Son of Rajdeo Chaudhary Resident of Village - Sanghatpar, P.S.- Masaurhi, District- Patna ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Masaurhi P.S. Case No. 484 of 2018, arising out of Special Case No. 5959 of 2018, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, pending in the court of Special Judge, Excise, Patna . Allegation is of recovery of 3 litres and 5 litres respectively from the houses of the petitioners. Submission of learned counsel for the petitioners is that they have falsely been implicated having no criminal antecedent.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioners stating that there is prima

Patna High Court CR. MISC. No.48806 of 2019(2) dt.06-08-2019 2/2 facie allegation against them as there is recovery of liquor from their houses.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners. However, if they surrender and pray for regular bail, the same shall be considered on its own merit and, if possible, to be disposed of on the same day.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T