Shibu Choudhary @ Shiv Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69512 of 2024 Arising Out of PS. Case No.-359 Year-2024 Thana- KAHALGAON District- Bhagalpur ====================================================== Shibu Choudhary @ Shiv Kumar Choudhary Son of Anarsi Choudhary Resident of Vill- Pandey Gali Mushartoli Ward No. 15, P.S.- Kahalgaon, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 12.375 foreign liquor is said to have been recovered from the place of occurrence. He submits that the apprehended person disclosed the name of the petitioner. He submits that the petitioner has four criminal antecedent as mentioned in para-3 of this application.

4. Considering the facts and circumstances of the case and the fact that the petitioner has three criminal

Patna High Court CR. MISC. No.69512 of 2024(2) dt.17-10-2024 2/2 antecedents of similar nature, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Kahalgaon P.S. Case No. 359 of 2024.

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