Lala Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51258 of 2015 Arising Out of PS.Case No. -140 Year- 2015 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Lala Chaudhary Son of Sheobalak Chaudhary

2. Karen Chaudhary, Son of Sheobalak Chaudhary

3. Jaddu Chaudhary, son of Late Ram Baran Chaudhary, All resident of village- Katari Tola, Bhuiya Toli, P.S. Nimchak Bathani, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2015 Heard both sides.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 272, 273 of the Indian Penal Code and section 47(A) of the Excise Act. It is alleged that from the house of the petitioners country made liquor as well as Jawa Mahua meant for preparing country made liquor were recovered.

It is submitted that the seizure list does not show seizure of Jawa Mahua which is said to have been destroyed. Petitioners are first offender.

Taking into consideration that the petitioners were preparing country made liquor without any licence and

Patna High Court Cr.Misc. No.51258 of 2015 (2) dt.15-12-2015 country made liquor have been recovered from the house of the petitioners, I am not inclined to grant privilege of anticipatory bail to the petitioners in connection with Nimchak Bathani P.S. Case No. 140 of 2015 pending in the court of the learned Additional Chief Judicial Magistrate Xth, Gaya. This application for anticipatory bail is, accordingly, rejected.

(Prabhat Kumar Jha, J) Amin/- U