Dara Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21489 of 2017 Arising Out of PS.Case No. -10 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ====================================================== Dara Choudhary S/o Late Hari Choudhary, Resident of Village- Tilauthu, P.O. +P.S.- Tilauthu, District- Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deovind Kumar Singh For the Opposite Party/s : Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Excise Case No. 10 of 2015 registered for the offence punishable under section 47 (a) (f) of the Excise Act. Allegedly, the petitioner was indulged in preparing illicit liquor at the bank of Sone River at Tilauthu and during raid, the petitioner succeeded in fleeing away but from his manufacturing unit, 50 litres country made liquor and 1300 kg. swollen Mahua were recovered.

Submission is of false implication and that nothing has been recovered from the possession of the petitioner or from

Patna High Court Cr.Misc. No.21489 of 2017 (2) dt.11-07-2017 2/2 his house. The petitioner has got no concern with the alleged manufacturing unit and he has been made accused due to police atrocity and as such, he deserves sympathetic consideration. Learned APP seriously opposes the prayer of prearrest bail by submitting that the place from where the recovery has been made, was being used by the petitioner. In the facts and circumstances stated above, considering the alleged recovery, I am not inclined to grant privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected. However in case, if so advised the petitioner surrenders and seeks regular bail which will be considered on its own merit without being prejudiced by this order preferably on the same day.

(Jitendra Mohan Sharma, J) Mahesh/- U T