Ashok Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36401 of 2016 Arising Out of PS.Case No. -67 Year- 2016 Thana -REVILGANJ District- SARAN ======================================================= Ashok Choudhary S/o Late Suchit Choudhary, Resident of VillageSemariya, P.S.- Revilganj, District- Saran (Chapra). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, APP ============================================================ CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 272, 273, 290 of the Indian Penal Code and Section 47(A) of the Bihar Excise (Amendment) Act, 2016 registered in connection with Revilganj P.S. Case No. 67 of 2016.

3. It is submitted that the petitioner has been falsely implicated as the 'Mahua' found in three drums containing 20 litres each were not recovered from the premises or from the conscious possession of the petitioner.

4. Considering however, that two litres of country made liquor along with oven (Chulha) for manufacturing the liquor are said to have been recovered from the room of the petitioner, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The bail petition stands dismissed.

5. If the petitioner surrender and seeks regular bail before the learned trial Court the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.

(Vikash Jain, J) B.T/Chandran U T