Ram Prasad Mahto @ Bauna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1876 of 2020 Arising Out of PS. Case No.-354 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== RAM PRASAD MAHTO @ BAUNA MAHTO Son of Late Janak Mahto Resident of Village - Rebra Ward No. 03, P.S.- Khanpur, District - Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh, Adv.

For the Opposite Party/s :

Ms.Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-06-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Excise Case No.354 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The Excise official on secret information raided the house of the petitioner and recovered 88 litres of liquor from the latrine-cum-bathroom of the house of the petitioner. The learned counsel for the petitioner submits that house is ancestral property and the same is in possession of all the family members. The recovery is not from the conscious possession of the petitioner but it appears that Excise official got information that it was petitioner who had kept liquor in his house and on such, raid was conducted and huge quantity of

Patna High Court CR. MISC. No.1876 of 2020(3) dt.11-06-2020 2/2 liquor was 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 same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T