Patna High CourtCR. MISC./50151/2019bail rejected

Bhutta Chaudhary v. The State Of Bihar

2019-08-13Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50151 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- PATAHI District- East Champaran ====================================================== BHUTTA CHAUDHARY Son of Late Jaga Choudhary Resident of VillageBokane Kalan, P.S.- Patahi, District- East champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-08-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Patahi Police Station Case No. 56 of 2019, disclosing offences under Sections 30(a)/37(d)/38 of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police raided the house of the petitioner and others and recovered 40 litres of toddy beer from the room of the petitioner, kept in jerrycan.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and has got no criminal antecedent. He further submits that the house, from where the toddy beer has been recovered, belongs to the joint

Patna High Court CR. MISC. No.50151 of 2019(2) dt.13-08-2019 2/2 family.

After having heard learned Counsel for the parties and taking into consideration the fact that from perusal of the First Information Report, it appears that the toddy beer has been recovered from the house of the petitioner and in view of the Full Bench decision, delivered in Criminal Appeal (S.J.) No. 431 of 2019, I am not inclined to exercise my discretion for grant of privilege of anticipatory bail to the petitioner. This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √