Shyam Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62825 of 2018 Arising Out of PS. Case No.-421 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== Shyam Choudhary Son of Late Heera Choudhari, resident of VillageRupnagra, P.S. and District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subesh Sharma For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Near the house of the petitioner from a half constructed house, foreign liquor was recovered. Allegation is that, that was of the petitioner.

A prosecution report has been submitted in this case without proper investigation. Petitioner has got more criminal antecedent of the similar nature.

Considering the criminal antecedent of the petitioner, I am not inclined to enlarge him on anticipatory bail in connection with Special Case No. 421 of 2018 pending in the

Patna High Court Cr.Misc. No.62825 of 2018(2) dt.29-11-2018 2/2 court of learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Saharsa.

Hence, prayer of the petitioner for anticipatory bail is refused.

However, in the event of surrender, prayer for regular bail shall be considered by the learned court below without being prejudiced by this order.

(Birendra Kumar, J) Kundan/Rajan U T