Karu Chaudhary @ Karu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81435 of 2024 Arising Out of PS. Case No.-276 Year-2024 Thana- KHIJARSARAI District- Gaya ====================================================== Karu Chaudhary @ Karu Kumar S/o- Late Krishna Chaudhary villageNaudiha PS- Khizersarai District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Khizersarai Police Station Case No. 276 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, on 31.08.2024, after getting confidential information, raid was conducted in the house of petitioner. It is further alleged that on search 07 liters illicit liquor was recovered from house of the petitioner.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case merely on the basis of suspicion. Petitioner was not apprehended from the spot and no incriminating article has been recovered from

Patna High Court CR. MISC. No.81435 of 2024(2) dt.11-12-2024 2/2 the conscious possession of the petitioner. The alleged recovery was made from the joint house of the petitioner where other family members also reside.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the alleged recovery of illicit liquor was made from the premises of the petitioner, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, rejected.

7. However, if the petitioner surrenders before the concerned Court and seeks regular bail, the same may be considered by the concerned Court on the same date without being prejudiced to the fact that anticipatory bail of the petitioner has been rejected by this Court.

(Anil Kumar Sinha, J) HarshPandey/- U T