Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83752 of 2019 Arising Out of PS. Case No.-681 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== Rajesh Chaudhary, S/o Futani Chaudhary, Resident of Amala Tola, Road No.33, Gardanibagh, P.S.- Gardanibagh, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Dilbar Krishna For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 as amended by Amendment Act 8 of 2018.

It is alleged that 30 litres of country made liquor were recovered from the hutment of the petitioner. It is submitted by learned counsel for the petitioner that the hutment does not belong to the petitioner and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery has been made from the hutment of the petitioner.

Patna High Court CR. MISC. No.83752 of 2019(2) dt.18-12-2019 2/2 Considering the nature of recovery from the hutment which belongs to the petitioner, it is a case for consideration of prayer for regular bail by the learned Court below, if the petitioner surrenders before the learned Court below within a period of four weeks from today in connection with Special Case No. 10138 of 2019, arising out of Gardanibagh P.S. Case No. 681 of 2019, pending in the Court of learned Special Judge, Excise, Patna.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T