Patna High CourtCR. MISC./14694/2020rejected

Puni Singh v. The State Of Bihar

2020-09-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14694 of 2020 Arising Out of PS. Case No.-149 Year-2019 Thana- SURYAPUR District- Rohtas ====================================================== PUNI SINGH S/o Baliram Singh R/o village- Nonhar, P.S.- Suryapura, Distt.- Rohtas (Sasaram) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-09-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Suryapura P.S. Case No.149 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant, A.S.I. of Suryapura P.S., alleged that he got information that Puni Singh(the petitioner) resident of village Nonhar was selling liquor from his cowshed and on such, a raid was conducted in the cowshed of the petitioner but the petitioner managed to flee away. The villagers also disclosed the name of the petitioner as the person who managed to flee away. 20 bottles each containing 180 ml. Indian made foreign liquor of Crazy Romeo brand was recovered.

The learned counsel for the petitioner submits that recovery was made from cowshed(gaushala) of the petitioner

Patna High Court CR. MISC. No.14694 of 2020(2) dt.04-09-2020 2/2 and that is an open place. Anybody might have kept the liquor in the cowshed of the petitioner which is situated far away from the house of the petitioner but it appears that informant got specific inputs about the illegal selling of liquor by the petitioner from his cowshed and a raid was conducted. 20 bottles of liquor was recovered from the cowshed 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.

If the petitioner surrenders in the court below, learned court below shall consider the regular bail of the petitioner on its own merit without being prejudiced by the order of this Court and after considering the fact that small quantity of liquor was recovered from the cowshed of the petitioner. (Prabhat Kumar Jha, J) Saurabh/- U T