Nandu Chaudhary @ Nandev Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5806 of 2021 Arising Out of PS. Case No.-411 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Nandu Chaudhary @ Nandev Chaudhari Son of Naresh Chaudhary R/O Village- Vishunganj Sahbajpur, P.S.- Panchanpur,O.P., Tekari, District- Gaya. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar- Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-09-2021 Heard Mr. Vinod Kumar, the learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Excise Case No.411 of 2020, instituted for the offences under Section 30(a) of the Amended Bihar Prohibition and Excise Act, 2018.

Regard being had to the fact that 12 litres of liquor has been recovered from the roof-top of the house of the petitioner, I am not inclined to grant anticipatory bail to him. The prayer for anticipatory bail of the petitioner is rejected.

However, if the petitioner surrenders before the Court

Patna High Court CR. MISC. No.5806 of 2021(2) dt.24-09-2021 2/2 below and seeks bail, his application shall be considered on its own merits, taking into account that the petitioner has clean antecedents and that the house from where the recovery has been made is not in exclusive possession of the petitioner and that he is a daily-wage labourer who had gone outside of State to earn his livelihood, and shall pass orders in accordance with law without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) vikash/- U T