Subash Chaudhary vs The State Of Bihar
2021 Latest Caselaw 1648 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 32835 of 2020
      Arising Out of PS Case No.-132 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas
     ======================================================

1. Subash Chaudhary, aged about 30 years, Male Son of Sheo Narayan Chaudhary.

2. Harendra Chaudhary, aged about 28 years, Male Son of Ram Pravesh Chaudhary.

Both resident of Village-Khanda, PS-Sasaram (M), District-Rohtas.

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

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

     For the Petitioner/s   :        Mr. Rajani Kant Singh, Advocate
     For the State          :        Mr. Md. Matloob Rab, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-03-2021

Heard Mr. Rajani Kant Singh, learned counsel for the

petitioners and Mr. Md. Matloob Rab, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioners apprehend arrest in connection with

Sasaram (M) PS Case No. 132 of 2020 dated 03.05.2020,

instituted under Sections 30 (a) of the Bihar Prohibition and Excise

Act, 2016.

3. The allegation against the petitioners is that on secret

information when police went to raid the spot where they were

said to be indulging in manufacture of liquor, though the culprits

ran away but there was recovery of liquor. Patna High Court CR. MISC. No.32835 of 2020 dt.23-03-2021

4. Learned counsel for the petitioners submitted that the

place from which the recovery is shown is not owned by the

petitioners and they have no connection to the same. It was further

submitted that in the FIR, it has been written that huge amount of

liquor was recovered and was destroyed, but still there is a seizure

list which raises serious doubt with regard to the authenticity of

the whole allegation. Learned counsel submitted that the petitioner

no. 2 has no criminal antecedent whereas against petitioner no.1,

there are three cases of similar nature. It was submitted that the

third co-accused in the case namely Basawan Chaudhary has been

granted anticipatory bail by a co-ordinate Bench by order dated

25.02.2021 passed in Cr. Misc. No. 33281 of 2020.

5. Learned APP submitted that the police had specific

information with regard to the petitioners manufacturing liquor

and when they went to the spot, the accused had fled away but

there was recovery of liquor. It was submitted that the plea that

there was no recovery from the place belonging to the petitioners

will not be of much help to them as generally such business is not

carried on by persons on their own land. It was further submitted

that the seizure list discloses that liquor and other articles were

recovered and the reference in the FIR is easily explainable as a

slip of the pen. It was further submitted that the petitioner no. 1 Patna High Court CR. MISC. No.32835 of 2020 dt.23-03-2021

carries criminal antecedent as there are three cases of similar

nature which shows that he is a habitual offender. It was submitted

that there is no reason as to why the police would falsely implicate

the petitioners and also as to how they would know the correct

name and details of the persons, unless they had specific

information with regard to the identity of the persons indulging in

such illegal trade i.e., the petitioners.

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 petitioners.

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T