Patna High CourtCR. MISC./38556/2017dismissed

Kesho Choudhary v. The State Of Bihar

2017-08-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38556 of 2017 Arising Out of PS.Case No. -25 Year- 2010 Thana -GOVERNMENT OFFICIAL COMP. DistrictNALANDA (BIHARSHARIFF) ====================================================== Kesho Choudhary, son of Raghunandan Choudhary, Resident of Village - Belchi, P.S. - Manpur, Distt - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 25 of 2010 instituted for the offence under Section 47(a) of Bihar Excise Act.

It has been submitted on behalf of the petitioner that instant case has been registered in the year 2010. Therefore, this case is not covered by Bihar Prohibition and Excise Act, 2016. It is alleged in the written report that 12 litres of illicit country made liquor has been seized along with 150 kg. of Chhowa, (article for preparing of illicit country made liquor), from house of the petitioner.

Learned Sessions Judge has mentioned in the impugned order that this case is of the year 2010 and Non Bailable

Patna High Court Cr.Misc. No.38556 of 2017 (3) dt.23-08-2017 2/2 Warrant of Arrest with process has also been issued against the petitioner, on 22.12.2016. The petitioner has not appeared in the court below for about seven years.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be disposed off by the court below on the same day in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T