Baijnath Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60518 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- NOKHA District- Rohtas ====================================================== BAIJNATH CHAUDHARI, aged about 41 years, Male, S/O Devraj Chaudhari, R/O village- Gangahar, P.S.- Nokha, District- Rohtas ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rajani Kant Singh, Adv.

For the Opposite Party :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Nokha P.S. Case No. 153 of 2019, pending in the Court of the Additional District & Sessions Judge III-cum-Special Judge, Excise, Rohtas at Sasaram, for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that there is recovery of 195 bottles, each containing 180 ml of Indian made foreign liquor from the house of the petitioner.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The

Patna High Court CR. MISC. No.60518 of 2019(2) dt.24-09-2019 2/2 petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

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