Chandan Chohdhary @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84415 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== Chandan Chohdhary @ Chandan Kumar Son of Late Harinandan Choudhary, Resident of Village- Godhna, P.S.- Bachhwara, District- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Bachhwara P.S. Case No. 171 of 2019 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner was not present at the place of occurrence although the vehicle in question belongs to the petitioner but he has no knowledge with regard to that his vehicle is being used in carrying the illicit liquor, he had simply given his vehicle to the other persons for driving it.

Patna High Court CR. MISC. No.84415 of 2019(2) dt.19-12-2019 2/2 Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein the petitioner is named in the FIR and has been identified in the torch light while fleeing away with Pick-Up van loaded with huge quantity of illicit liquor and that the petitioner has got criminal antecedent including that of one case under the Bihar Excise and Prohibition Act, 2016 in which he is on bail, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Application is dismissed.

In case the petitioner surrenders and prays for regular bail within a period of four weeks in the court below, his prayer for regular bail shall be considered on its own merit. (Rajeev Ranjan Prasad, J) vats/ved U T