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Patna High CourtCR. MISC./67815/2022dismissed

Satte Chaudhary @ Satya Narayan Chaudhary v. The State Of Bihar

2023-01-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67815 of 2022 Arising Out of PS. Case No.-156 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== SATTE CHAUDHARY @ SATYA NARAYAN CHAUDHARY S/o Late Biltu Chaudhary R/v- Sirahi, P.S.- Basopatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in connection with Basopatti P.S. Case no.156 of 2022, registered for the offences punishable u/s 272, 273 of IPC and 30 (a) of Bihar Prohibition and Excise Act, 2018.

Altogether 9 liters of nepali liquor is said to have been recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended

Patna High Court CR. MISC. No.67815 of 2022(2) dt.06-01-2023 2/2 on the spot. He further submits that the said liquor has been recovered from a hut situated at some distance from the house of the petitioner. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the recovery has been made from the hut of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T