Sanjeet Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82682 of 2019 Arising Out of PS. Case No.-674 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== Sanjeet Choudhary Son of Vijay Choudhary Resident of Mohalla-Vishunpur Pakari, Shipara, Back of Indian Oil, P.S.-Beur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malay Kumar Choudhary, Advocate For the Opposite Party/s :

Mrs.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Jakkanpur P.S. Case No. 674 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

34 litres of foreign liquor is alleged to have been recovered from the shop of petitioner.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Petitioner has got clean antecedent.

In view of the specific allegation of recovery of wine from the shop of petitioner, the anticipatory bail petition is not maintainable in view of the decision passed by the Full Bench in

Patna High Court CR. MISC. No.82682 of 2019(2) dt.18-12-2019 2/2 Cr. Appeal (SJ) No. 431 of 2019 in the case of Ram Vinay Yadav vs. State of Bihar. Accordingly, the same is rejected. However, if the petitioner surrenders before the court below and makes prayer for regular bail, the same shall be considered on its own merit without being prejudiced by the present order.

(Prabhat Kumar Singh, J) vinita/- U T