Mintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7747 of 2019 Arising Out of PS. Case No.-765 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== Mintu Kumar, Son of Ramji Singh R/o Mohalla- Bazar Samiti, Sandalpur, Alka colony, P.S- Bahadurpur, , Dist- Patna, at present - in the place of Ayush Sahay, Nagababa, Thakrubari Road, Mohalla and P.S- Kadamkuan, DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-02-2019 Heard both sides.

The petitioner apprehends his arrest in Kadamkuan P.S. Case No.765 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant, who is A.S.I. of Kadamkuan P.S., alleged that he got information that the petitioner was selling liquor from the house of Ayush Sahay, on such raid was conducted and petitioner was found absent but 37 bottles of Indian made foreign liquor of different brands were found under the stairs of the house in which the petitioner was living as a tenant.

Learned counsel for the petitioner submits that recovery was made from a common place. Two persons are

Patna High Court Cr.Misc. No.7747 of 2019(2) dt.11-02-2019 2/2 living as tenants in the said house.

It appears that the informant got information about the petitioner that he was selling liquor, on such raid was conducted and 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