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Patna High CourtCR. MISC./62667/2021dismissed

Krishna Choudhary v. The State Of Bihar

2022-06-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62667 of 2021 Arising Out of PS. Case No.-397 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== 1.

Krishna Choudhary S/O Shyam Choudhary Resident Of Village- Madho Bigha, P.S.- Muffasil, District- Nawada.

2.

Dayanand Choudhary S/O Shyam Choudhary Resident Of Village- Madho Bigha, P.S.- Muffasil, District- 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.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 28 liters of foreign liquor is

Patna High Court CR. MISC. No.62667 of 2021(2) dt.24-06-2022 2/2 said to have recovered from the house of the petitioners. He submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

However, learned APP for the State opposes the prayer for bail.

Considering the fact that the said recovery is made from the house of the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, their prayer for anticipatory bail is rejected in connection with G.O. Case No. 397 of 2021.

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