Rajesh Soni @ Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4977 of 2019 Arising Out of PS. Case No.-383 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Rajesh Soni @ Rajesh Sah son of Shivjee Sah, resident of Village-Grabhuwa, Lala Tola, P.S-Chanpatiya, Sirisiya (O.P.), Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-01-2019 Heard both sides.

The petitioner apprehends his arrest in Chanpatia (Sirisia O.P.) P.S. Case No.383 of 2018 registered under Section 414 of the Indian Penal Code and under Sections 30(a) and 30(b) of the Bihar Prohibition and Excise Act. The police raided the houses of one Bhagelu Sah and other accused persons from where country made liquor was recovered. The house of petitioner was also raided from where 10 litres liquor was recovered.

Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner although the alleged liquor was recovered from the joint house of the petitioner. It is further submitted that similarly situated co-accused Mahendra Sah has been enlarged on anticipatory

Patna High Court Cr.Misc. No.4977 of 2019(2) dt.31-01-2019 2/2 bail.

From perusal of F.I.R., it appears that from the house of petitioner 10 litres country made liquor was recovered and the police raided many houses and from almost all houses, country made liquor was recovered.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U