The High Court of Judicature at Patna denied an application for anticipatory bail. The court rejected the plea as the petitioner had not been arrested at the time of the order and no specific grounds were found sufficient to enlarge him.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67204 of 2019
Arising Out of PS. Case No.-220 Year-2019 Thana- TAJPUR District- Samastipur
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SANTOSH KUMAR CHAUDHARY @ SANTOSH CHAUDHARY Son of Late Chulhai Chaudhary Resident of Village - Kesho Narayanpur, P.S.- Tajpur (Halai O.P.), District - Samstipur.
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Surya Narayan Roy For the Opposite Party/s : Mr.Shailendra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 04-11-2019 Heard both sides.
The petitioner apprehends his arrest in Tajpur (Halai O.P.) P.S. case No. 220 of 2019 registered under Section 272, 273 of the IPC and u/s 30(a) of the Bihar Prohibition & Excise Act.
The informant, A.S.I. of Halai O.P., got information that petitioner had kept huge quantity of Indian made foreign liquor and country made liquor in his house and on such raid was conducted. At the time of raid the brother of the petitioner was apprehended and the petitioner managed to flee away. Huge quantity of country made liquor and many bottles of whiskey were recovered from the house of the petitioner.
The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.67204 of 2019(2) dt.04-11-2019 2/2
brother of the petitioner was apprehended. The recovery was made from the joint house but on the face of allegation it appears that the informant got secret information that it was the petitioner who had kept huge quantity of liquor in his house.
Taking into considerations the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly the same is rejected.
(Prabhat Kumar Jha, J)
BKS/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in a case alleging possession of illicit liquor.
SANTOSH KUMAR CHAUDHARY @ SANTOSH CHAUDHARY
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
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