Manoj Choudhary @ Manoj Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49515 of 2019 Arising Out of PS. Case No.-386 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== MANOJ CHOUDHARY @ MANOJ KUMAR CHAUDHARY Son of Paspat Choudhary, Resident of Village-Kushahar, P.S.-Turkauliya, District-East Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Pandey For the Opposite Party/s :
Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Turkauliya P.S. Case No. 386 of 2019 registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.
It has been alleged that 123.34 litres of illegal liquor has been recovered from the bamboo clap. The learned counsel for the petitioner submits that it does not belong to the petitioner, he is not owner of the bamboo clap, he was irrigating the field, police came there and made a seizure list of recovery of huge quantity of liquor.
Looking to the facts and circumstances of the case,
Patna High Court CR. MISC. No.49515 of 2019(2) dt.08-08-2019 2/2 this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below, preferably on the same day, will take decision in accordance with law without being prejudiced by this order.
(Shivaji Pandey, J) Mahesh/- U T