Jitendra Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55673 of 2019 Arising Out of PS. Case No.-246 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Jitendra Chauhan, Son of Heera Chauhan, Resident of Village- Kalinjara Pacshim Tola, Khalispur, P.S.- Siwan Muffasil, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Ajay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-09-2019 This is an application for grant of anticipatory bail in connection with Siwan Muffasil P.S. Case No. 246 of 2019, disclosing offences under Sections 272, 273 of the Indian Penal Code and Section 39(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation of recovery of 09 liters of country made liquor from the house of the petitioner.

Submission of the learned counsel for the petitioner is that the house is in joint possession, having no criminal antecedent.

Heard learned A.P.P. also who has opposed the prayer for bail on the ground of maintainability, as there is recovery of liquor from the house of the petitioner.

Having heard both sides, in view of the facts and circumstances, as stated above, this application is disposed of

Patna High Court CR. MISC. No.55673 of 2019(2) dt.03-09-2019 2/2 with a direction to the petitioner, above named, to surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own merit, without being prejudiced by order of this Court, and if possible, be disposed of on the same day.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T