Arun Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.47970 of 2016 (2) dt.13-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47970 of 2016 Arising Out of PS.Case No. -470 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Arun Chaudhary Aged 35 years, Son of Late Rama Chaudhary, Resident of Village- Jarahiya, P.S.- Sitamarhi, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-12-2016 Heard both sides.

In relation to a case which was lodged in 2014 under Section 47(a)(F) of the Excise Act vide G.O. Case No. 470 of 2014, the present application for anticipatory is filed. The allegation is that from a place 30 liters of illicit liquor and 400 K.G. Java Mahua were found wherefrom the petitioner succeeded in fleeing away. Upon getting information from the locals the First Information Report (FIR) was lodged against the petitioner with an allegation that he was involved in manufacturing of illicit liquor.

Several submissions have been advanced on behalf of the petitioner including that when the case was lodged

Patna High Court Cr.Misc. No.47970 of 2016 (2) dt.13-12-2016 there was no amendment in the Excise law.

Learned APP for the State, on the other hand, points out that for two years, the petitioner did not submit to the jurisdiction of the Court. In my view, it is not a fit case for grant of anticipatory bail.

Prayer is, accordingly, rejected.

Let the petitioner surrender and pray for bail before the Court below. If he does so, the same shall be considered and disposed of on its own merit unprejudiced by the present order.

(Kishore Kumar Mandal, J) Shyam/- U T