Karu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79225 of 2023 Arising Out of PS. Case No.-60 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Karu Chaudhary Son Of Ramvriksh Chaudhari @ Briksh Chaudhary R/O Village- Bandhi, P.S.- Meskaur, Dist.- Nawada ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar For the Opposite Party/s :
Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2023 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 Sections 47(a) of the 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 10 liters of country made liquor and 1600kg of swollen Mahua is said to have been recovered from the place of occurrence. He submits that the local Choukidar disclosed the name of the petitioner. There is violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent as mentioned in para-3 of
Patna High Court CR. MISC. No.79225 of 2023(2) dt.13-12-2023 2/2 this application.
4. Considering the facts and circumstances of the case and the fact that the illicit liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with G.O. Case No. 60 of 2016.
5. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) devendra/- U T