Raja Choudhary @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79711 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- GADHPURA District- Begusarai ====================================================== Raja Choudhary @ Raja Kumar S/o- Ashok Chaudhary @ Pongla Chaudhary Village- Dunhi ward no- 14, Ps- Gadhpura District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2024 Heard Mr. Ranjit Kumar Thakur, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30 (a), 30 (c), 30 (d) & 32 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 8 liters of country made liquor along with several manufacturing articles for brewing liquor is said to have been recovered from the place of occurrence. Petitioner managed to escape from the place of occurrence. Petitioner has no concern either with the

Patna High Court CR. MISC. No.79711 of 2024(2) dt.03-12-2024 2/2 seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has two criminal antecedents of similar nature of the offence as mentioned in para-3 of this application.

4. Considering the facts and circumstances of case as well as the fact that petitioner has two criminal antecedents of similar nature of the offence, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

5. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T