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Patna High CourtCR. MISC./6629/2017rejected

Shatrughan Chaudhary @ Satrohan Chaudhary And ORS v. The State Of Bihar

2017-02-10Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6629 of 2017 Arising Out of PS.Case No. -124 Year- 2016 Thana -DORIGANJ District- SARAN ======================================================

1. Shatrughan Chaudhary @ Satrohan Chaudhary

2. Lakshman Chaudhary

3. Bharat Chaudhary All sons of Basanti Choudhary, resident of village- Bhairopur, P.S.- Doriganj Bazar, District- Sahran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate. For the Opposite Party/s : Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-02-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Doriganj P. S. Case No. 124 of 2016 instituted under Sections 272, 273 and 290 of the Indian Penal Code and Sections 47, 53(C) and 54 of the Bihar Excise (Amendment) Act, 2016. The allegation is that 25 litres of illicit Mahua liquor were recovered from the house of the petitioners. It is stated that the house is in jointness and hence no liability can be fastened upon the petitioners for the recovery of alleged Mahua liquor.

The specific case is that illicit liquor was recovered from the house of the petitioners so it is not a case for grant of

Patna High Court Cr.Misc. No.6629 of 2017 (2) dt.10-02-2017 2/2 anticipatory bail. Accordingly, the prayer for anticipatory bail to the petitioners is rejected.

However, the petitioners, if so advised, surrenders and pray for regular bail before the court below, the same shall be considered on its own merits without being prejudiced by the present order.

(Arun Kumar, J) Sujit/- U