Pankaj Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60727 of 2021 Arising Out of PS. Case No.-132 Year-2021 Thana- HUSSAINGANJ District- Siwan ====================================================== Pankaj Chaudhary Son of - Ramajee Chaudhary Resident of Village- Mahpur, P.S.- Hussainganj, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in connection with Hussainganj P.S. Case no. 132 of 2021 registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on information having been received about unloading of illegal liquor from pickup van, a raid was conducted. It is submitted that while three accused persons escaped, 474.410 litres of liquor was recovered. A motorcycle was also recovered. On enquiry it transpired that the same belonged to the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. No incriminating article has been recovered from his possession nor

Patna High Court CR. MISC. No.60727 of 2021(2) dt.11-04-2022 2/2 was he caught at the spot. He is in custody since 02.09.2021 and charge sheet has been submitted in the case.

Having heard learned counsel for the parties and taking into consideration the antecedent of the petitioner under the Bihar Prohibition & Excise Act together with the motorcycle of the petitioner having been caught at the place of occurrence, this Court is not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. Liberty is given to the petitioner to renew his prayer for bail after completing one year in custody. (Partha Sarthy, J) s.hassan/- U T