Shankar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78089 of 2018 Arising Out of PS. Case No.-322 Year-2018 Thana- BARBIGHA District- Sheikhpura ====================================================== Shankar Choudhary S/o Mahavir Choudhary, R/o Vill.- Mahallapar, P.S.- Barbigha, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-01-2019 This application, for grant of anticipatory bail, arises out of Excise Case No. 264/18, arising out of Barbigha P.S. Case No. 322/18, disclosing offences under Sections 272 and 273 of the Indian Penal Code and under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 10 litres of liquor. Apart from that he is an accused in one more case of similar nature. Submission of learned counsel for the petitioner that the has falsely been implicated in this case and nothing has been recovered from his conscious possession.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances as well as the fact that petitioner is an accused in one more case of similar nature, I am not inclined to grant the

Patna High Court Cr.Misc. No.78089 of 2018(2) dt.04-01-2019 2/2 privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T