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Patna High CourtCR. MISC./6538/2020rejected

Binod Chaudhary v. The State Of Bihar

2020-06-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6538 of 2020 Arising Out of PS. Case No.-359 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== BINOD CHAUDHARY Son of Jag Narayan Chaudhary Resident of VillageKhanda, P.S.-Sasaram (Muffasil), District-Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Adv.

For the Opposite Party/s :

Mr.Kanhiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER//// 11-06-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Sasaram(Muffasil) P.S. Case No.359 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act. The informant, A.S.I. of Sasaram(Muffasil) P.S., on secret information raided the house of the petitioner and seized 16.12 litres of Indian made foreign liquor.

The learned counsel for the petitioner submits that petitioner is an old man aged about 62 years. Nothing has been recovered from the possession of the petitioner. The house belongs to joint family but it appears that secret information was that it was petitioner who had kept the liquor in his house and on such, raid was conducted and recovery was made. Taking into consideration the facts aforesaid, I am not

Patna High Court CR. MISC. No.6538 of 2020(2) dt.11-06-2020 2/2 inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the learned court below shall consider the prayer for regular bail of the petitioner and dispose of the same preferably on the same day.

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