Patna High CourtCR. MISC./51896/2022bail rejected

Bharat Chaudhary v. The State Of Bihar

2022-11-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51896 of 2022 Arising Out of PS. Case No.-183 Year-2022 Thana- DORIGANJ District- Saran ====================================================== Bharat Chaudhary Son of Basant Chaudhary @ Naresh Chaudhary R/VBhairopur Aima, P.S- Doriganj, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Doriganj P.S. Case no. 183 of 2022 instituted for the offence under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 120 litres country made wine from the roof of house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He has got no criminal antecedent. The petitioner do not live in this alleged house from where the recovery has been made. Neither the

Patna High Court CR. MISC. No.51896 of 2022(2) dt.15-11-2022 2/2 petitioner was arrested on spot nor any incriminating article has been recovered from his conscious and constructive possession. Learned APP appearing for the State has opposed the prayer of bail and submitted that the place of recovery belongs to the petitioner.

Having heard learned counsel for the parties and taking into consideration that the alleged house belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) amandeep/- U T