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Patna High CourtCR. MISC./8789/2019rejected

Pradhan Murmu v. The State Of Bihar

2019-02-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8789 of 2019 Arising Out of PS. Case No.-852 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Katihar ====================================================== Pradhan Murmu, aged about 42 years, Male, S/o Late Jitu Murmu, Resident of Village Chhohar, Santhali Tola, P.S Falka (Pothia O.P.), District Katihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Rita Verma (App 176) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-02-2019 Heard both sides.

Petitioner apprehends his arrest in C-I Case No.852 of 2016, registered under Section 47(a) of the Bihar Excise Amendment Act, 2016.

The informant, Excise Sub-Inspector, alleged that on raid, four litres of country made liquor and two pots each containing 20 litres semi prepared country made liquor were recovered from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is a labour. Nothing has been recovered from the house of the petitioner. Somebody has kept in front of the house the pot under the earth and for that the petitioner cannot be held responsible but from perusal of the prosecution report, it appears

Patna High Court Cr.Misc. No.8789 of 2019(2) dt.14-02-2019 2/2 that the country made liquor and semi prepared liquor were recovered from the house of the petitioner.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T