Sunil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6708 of 2017 Arising Out of PS.Case No. -361 Year- 2016 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ====================================================== Sunil Chaudhary, Son of Late Arjun Chaudhary Resident of VillageDurgapur, P.S. Giriak (Pawapuri, O.P.) District Nalanda. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uday Prasad For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Giriak P.S.Case No. 361/2016 registered for the offences under sections 30, 32, 37 of the Bihar Prohibition and Excise Act, 2016. The allegation in brief is that 6 liter of country made liquor prepared locally and 15 liters half prepared country made liquor was recovered from the Dalan of the petitioner. Submission is that the recovery is not made from his Dalan and due to some village politics the petitioner has falsely been implicated in this case.

The allegation and the seizure list show recovery from the Dalan of the petitioner and according to Section 76(2) of the amended Bihar Prohibition and Excise Act, the anticipatory bail is not maintainable. So, the prayer for anticipatory bail of the

Patna High Court Cr.Misc. No.6708 of 2017 (2) dt.22-02-2017 petitioner is rejected.

The petitioner is directed to surrender before the court below and seek regular bail.

(Arun Kumar, J) Surendra/- U