Patna High CourtCR. MISC./80450/2019dismissed

Chandan Kumar v. The State Of Bihar

2020-01-06Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 80450 of 2019 Arising Out of PS Case No-561 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== Chandan Kumar, aged about 30 years, (Male), Son of Panchi Ray @ Batahu Ray, Resident of Village - Manikpur, P.S.- Saraiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pradhan Murli Manohar Prasad and Mr. Raju Kumar Goswami, Advocates For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 06-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Saraiya PS Case No. 561 of 2019 dated 27.08.2019 instituted under Sections 30 and 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner and six others is of dealing in illicit liquor.

4. Learned counsel for the petitioner submitted that he was not caught at the spot and nothing incriminating has been recovered from him. It was further submitted that only on the basis of statement made by the local villagers, he has been named

Patna High Court CR. MISC. No.80450 of 2019 dt.06-01-2020 2/2 in the FIR and made accused. It was submitted that the petitioner has no criminal antecedent.

5. Learned APP submitted that there is recovery of 101 litres of illicit liquor and it has come that it was the petitioner along with others who was dealing in trade and transportation of illicit liquor.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T