Radhey Shyam Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61578 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- Excise P.S. District- Bhagalpur ====================================================== Radhey Shyam Choudhary Son of Ram Sumer Choudhary Resident of Mohalla - 18/21, R.N.R.C. Ghat Road, Haora (M Corp) Shibpur, P.S.- Shibpur in the District of Howrah (West Bengal).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Nandan Kumar Tiwary, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Excise (Kahalgaon) P.S Case No. 98 of 2024 instituted for the offence punishable under 30(a) of the Bihar Prohibition and Excise Amendment Act.
3. As per allegation in the FIR, total 450 litres of Indian made foreign liquor has been seized from a Pickup van bearing registration no.WB11F-0121.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner has got no criminal antecedent as stated in para-3 of the petition.
Patna High Court CR. MISC. No.61578 of 2024(2) dt.17-01-2025 2/2
5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner and submits that granting anticipatory bail to the petitioner may affect the investigation of this case.
6. From perusal of the F.I.R., seizure list and impugned order dated 03.04.2024, it appears that the present petitioner is the owner of the said vehicle and the present petition is barred by Section 76(2) of Bihar Prohibition and Excise Act, 2016, so I am not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T