Shambhu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74142 of 2019 Arising Out of PS. Case No.-212 Year-2019 Thana- ADAPUR District- East Champaran ====================================================== SHAMBHU CHAUDHARY Son of Late Janak Chaudhary Resident of Village- Shyampur Bajar, P.S.- Adapur, District- East Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is seeking anticipatory bail in connection with Adapur P.S. Case No. 212 of 2019 registered under Sections 272, 273 of the Indian Penal Code and 30(a) of Bihar Prohibition & Excise Act, 2016, pending in the court of learned Special Judge, Excise, Motihari, East Champaran. Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner as nothing incriminating has been recovered from the conscious possession of the petitioner., however petitioner has no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of the case wherein the co-villager of this petitioner has identified him
Patna High Court CR. MISC. No.74142 of 2019(2) dt.18-12-2019 2/2 while fleeing away after throwing the bag containing illicit liquor, this court is not inclined to grant privilege of anticipatory bail to the petitioner.
Prayer for anticipatory bail of the petitioner is refused. In case, petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on it's own merit without being prejudiced by the order of this court. (Rajeev Ranjan Prasad, J) Rajeev/- U T