Patna High CourtCR. MISC./51267/2019dismissed

Guddu Chaudhary v. The State Of Bihar

2019-08-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51267 of 2019 Arising Out of PS. Case No.-150 Year-2019 Thana- SIRDALA District- Nawada ====================================================== GUDDU CHAUDHARY Son of Late Yugal Chaudhary @ Jugal Chaudhary Resident of Village / Mohalla - Chamotha Hat, Laund, P.S.- Sirdala, District- - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-08-2019 This application, for grant of anticipatory bail, arises out of Sirdala P.S. Case No. 150 of 2019, disclosing offences under Sections 30 (a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 30 litres of country made liquor along with apparatus for preparation of liquor from the field of Dipu Chaudhary and petitioner happens to be brother of said Diput Chaudhary. Apart from that petitioner is accused in one more case of similar nature.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and he is living separately from the co-accused Dipu Kumar and the said Dipu Kumar has already been enlarged on bail.

Patna High Court CR. MISC. No.51267 of 2019(2) dt.17-08-2019 2/2 Learned counsel for the State opposed the prayer for bail and submitted that petitioner is named in the F.I.R. and both Dilip Kumar and petitioner are brothers.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

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