Patna High CourtCR. MISC./53606/2024dismissed

Brahamdeo Chaudhary @ Brhamdev Chaudhari v. The State Of Bihar

2024-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53606 of 2024 Arising Out of PS. Case No.-171 Year-2024 Thana- NARHATT District- Nawada ====================================================== Brahamdeo Chaudhary @ Brhamdev Chaudhari S/O Doman Choudhary R/O Village- Kasiyadih, P.S- Sirdalla, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Narhat P.S. Case No. 171 of 2024 registered for the offences punishable under Section 30(a) of the Excise Act.

3. As per the prosecution case, there was recovery of 62 litres of country made liquor from the motorcycle alleged to be left by the petitioner. The petitioner managed to flee away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that no incriminating articles have been recovered from conscious

Patna High Court CR. MISC. No.53606 of 2024(2) dt.31-08-2024 2/2 possession of the petitioner. He further submits that chaukidar disclose the name of the petitioner due to village politics. The petitioner has two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioner is also involved in the present case.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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