Bhim Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57940 of 2019 Arising Out of PS. Case No.-551 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== Bhim Chaudhary, Son of Late Shivjee Chaudhary, Resident of Mohalla-Anait Pasi Tola, P.S-Ara Nawada, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.S. Jamil Akhtar For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Arrah Nawada P.S. Case No. 551 of 2019 registered under Section 30(A) of the Bihar Excise Act, 2016, pending in the court of Special Judge Excise-cum- 4th Additional Sessions Judge, Bhojpur, Arrah.

The accusation is of recovery of 24 bottles each containing 375 ml and 50 pouches each containing 180 ml country made liquor from a room adjacent to the stair of the house of the petitioner.

Learned counsel for the petitioner submits that while the alleged country made liquor are said to be recovered

Patna High Court CR. MISC. No.57940 of 2019(2) dt.13-09-2019 2/2 from a room adjacent to the stair of the house of the petitioner but neither the family members of the petitioner was made witness in the seizure list nor the copy of the seizure list was handed over to the family members of the petitioner. The petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T