Mithun Choudhary vs The State Of Bihar
2021 Latest Caselaw 1206 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31859 of 2020
         Arising Out of PS. Case No.-574 Year-2019 Thana- BARH District- Patna
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Mithun Choudhary, aged about 32 years (Male), Son of Chandoi Choudhary, Resident of Village-Agwanpur, PS-Barh, District-Patna.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-03-2021

Heard Mr. Suraj Kumar, learned counsel for the

petitioner and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Barh PS Case No. 574 of 2019 dated 21.11.2019, instituted under

Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that when

police came on information that he was manufacturing

countrymade liquor, a person ran away who was identified by the Patna High Court CR. MISC. No.31859 of 2020 dt.02-03-2021

villagers as the petitioner and from the spot various articles for

manufacture of countrymade liquor and 13 litres of mahua liquor

was recovered.

4. Learned counsel for the petitioner submitted that only

on suspicion, the petitioner has been falsely implicated and further

that no villager was ready to sign on the seizure list. Learned

counsel submitted that due to his past implication in two cases, he

has been made accused in the present case also by the police.

5. Learned APP submitted that this is a case of misuse of

privilege of bail as twice earlier the petitioner was granted bail in

two cases of similar nature but still he was indulging in this trade

and further that there is no reason for false implication as the

petitioner was the sole person who has been made accused and

also the sole person who was found running and villagers have

also identified him.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed.

8. However, on prayer made by learned counsel for the

petitioner, the Court would observe that if the petitioner appears

before the Court below and prays for bail, the same shall be Patna High Court CR. MISC. No.31859 of 2020 dt.02-03-2021

considered, on its own merits, in accordance with law, without

being prejudiced by the present order.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T