IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10600 of 2011
Ajay Chaudhary, son of Late Paltan Chaudhary, resident
of Village- Sundarpur Ratwara, Police Station-Pear,
District- Muzaffarpur.
. ............................Petitioner.
Versus
The State of Bihar ............................Opposite Party.
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2. 06. 04. 2011. Heard learned counsel for the petitioner and the
State.
The petitioner is apprehending his arrest in
connection with Pear P.S. Case No. 105 of 2010 registered
under Section 47 (A) of the Excise Act.
Learned counsel for the petitioner submits that
anticipatory bail petition of the petitioner was earlier
rejected by order dated 14. 01. 2011. It is further
submitted that allegation is that 25 pouches of country
made liquor containing 200 ml. and 2 pouches containing
400 ml. alleged to have been recovered from the house of
the petitioner. However, in the order dated 14. 01. 2011
instead of 5 liters 800 ml. liquor it has wrongly been typed
as 50 liters in the said order. Hence it appears that 50 liters
has wrongly been typed or it appears to be typographical
mistake about 5 liters 800 ml. has been recovered and
hence contends that amount of liquor recovered from the
2
house of the petitioner is very little.
Having regard to the facts and circumstances of
the case, I am not inclined to grant anticipatory bail,
however, since the amount of liquor is too little as 5 liters
800 ml. hence, the petitioner is directed surrender in the
court below within a period of four weeks from today and
if the petitioner surrender and pray for regular bail then
the court below shall disposed of the bail petition on same
day taking into consideration that only 5 liters 800 ml.
liquor has been recovered from the house of the petitioner.
With the above direction, the bail petition is
disposed of.
m.p. ( Gopal Prasad, J.)