Patna High CourtCR. MISC./87157/2024dismissed

Dharmendra Chaudhary v. The State Of Bihar

2024-12-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87157 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- SALAIYA District- Aurangabad ====================================================== Dharmendra Chaudhary S/o Late Sahdev Chaudhary R/o vill - Pirwan, P.S. - Salaiya, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Leelawati Kumari Mr. Aman Vishal For the Opposite Party/s :

Mrs. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Salaiya P.S. Case No. 89 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, 08 liters of country made liquor has been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. She submits that

Patna High Court CR. MISC. No.87157 of 2024(2) dt.19-12-2024 2/2 the petitioner has no concern with the seized illicit liquor. She further submits that nothing has been recovered from conscious possession of the petitioner. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that the seized illicit liquor has been recovered from the house of the petitioner. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case and the fact that the seized illicit liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T