The High Court of Patna rejected the petitioner's prayer for anticipatory bail in connection with recovery of illicit liquor. The court declined the privilege citing the recovery of evidence from the petitioner's courtyard.
Prayer for anticipatory bail stood rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.64604 of 2018
Arising Out of PS. Case No.-179 Year-2018 Thana- BAIRIYA District- West Champaran
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Binod Chaudhary @ Manoj Chaudhary Son of Kirani Chaudhary, Resident of village – Uchhwa Tum Kardiya, P.s. Bairiya, District West Champaran
... ... Petitioner/s
Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
2 13-12-2018
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Bairiya P.S. Case No. 179/2018 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
Taking into consideration that illicit liquor has been recovered from courtyard of the petitioner, I am not inclined to extend the privilege of anticipatory bail to him.
Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.
Further, it is made clear that this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner.
(Hemant Kumar Srivastava, J)
Spd/- U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with offences under Sections 272, 273 of IPC and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
Binod Chaudhary @ Manoj Chaudhary
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
