Patna High CourtCR. MISC./2533/2024bail rejected

Jitendra Choudhary @ Jitendra Kumar Choudhary @ Shani Choudhary v. The State Of Bihar

2024-02-07Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2533 of 2024 Arising Out of PS. Case No.-264 Year-2023 Thana- EKMA District- Saran ====================================================== Jitendra Choudhary @ Jitendra Kumar Choudhary @ Shani Choudhary Son of Late Anwati Choudhary Vill-Parsagarh, Choudhary Muhalla, Ps-Ekma, Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Ekma P.S. Case No. 264 of 2023 dated 08.07.2023 instituted for the offence punishable under Sections 30(a), 45 of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner and one other co-accused person is that total 100 litres illicit country made liquor has been recovered from the roof of the house of the petitioner.

4. Learned counsel for the petitioners submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered

Patna High Court CR. MISC. No.2533 of 2024(2) dt.07-02-2024 2/2 from the possession of the petitioner. Learned counsel for the petitioner submits that due to local dirty politics, the petitioner has been implicated in this case. Learned counsel for the petitioner further submits that the police did not follow the procedure prescribed under Section 100 of the Code of Criminal Procedure while searching the alleged place of recovery. Lastly, it has been submitted that petitioner has one criminal case against him.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Since the alleged recovery has been made from the roof of the house of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Anticipatory Bail application of the petitioner stands dismissed.

(Khatim Reza, J) premchand/- U T