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Patna High CourtCR. MISC./72413/2021dismissed

Ajay Chaudhary v. The State Of Bihar

2022-05-19Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72413 of 2021 Arising Out of PS. Case No.-165 Year-2021 Thana- LAURIA District- West Champaran ====================================================== Ajay Chaudhary Son Of Birjhan Chaudhary R/O Village- Deurawa, P.S.- Lauria, District- West Champaran ... ... PetitionerVersus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Zainul Abedin, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2022 Heard learned Senior Counsel for the petitioner and the lerned APP for the State.

Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks.

The petitioner is in custody in connection with Lauriya P.S. Case No. 165 of 2021 registered for the offence under sections 328, 302, 307 read with section 34 of the Indian Penal Code and section 30(a), 33, 37 of the Bihar Prohibition and Excise Act, 2018.

As per the allegation in the FIR, this petitioner along with Suresh Sah, Rambriksh Choudhary, Ajay Choudhary, Amresh Ram and Bhadar Sah with Suresh Badhai used to sell country made liquor.

Further the allegation in the FIR is that on 12.7.2021,

Patna High Court CR. MISC. No.72413 of 2021(2) dt.19-05-2022 2/2 informant's brother as also some of the villagers including Bikau Ansari, Mumtaz Ansari and Bhagwan Panda had consumed the said country made liquor being sold by the aforesaid accused persons including the petitioner herein. Subsequently, after consuming the said liquor, it is alleged that Bikau Ansari, Bhagwan Panda and the brother of the informant died whereas Mumtaz Ansari became seriously ill and was being hospitalized.

The informant has alleged that due to spurious country made liquor being sold by the petitioner and other accused persons, three persons died.

Considering the allegation as has come in the FIR of selling and letting the people to consume the country made liquor which led to the death of three persons as named in the FIR, as also the fact that this petitioner has a long criminal history; this Court is not inclined to grant any relief to him and the bail application is hereby rejected.

(Rajiv Roy, J) Ravi/- U T