Vivek Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10760 of 2019 Arising Out of PS. Case No.-369 Year-2018 Thana- MANIYARI District- Muzaffarpur ====================================================== Vivek Sah Son of Amindra Sah, Resident of Village - Bishunpur Baghi, P.S.- Maniyari, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-02-2019 Heard both sides.

The petitioner apprehends his arrest in Maniyari P.S. Case No.369 of 2018 registered under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

The police searched the house of petitioner and from bathroom of the petitioner, 216 bottles each containing 750 ml Imperial Blue liquor and 336 bottles each containing 180 ml Imperial Blue liquor were recovered.

Learned counsel for the petitioner submits that bathroom of the petitioner is situated outside of the residential house of the petitioner. Had the recovery been made from conscious possession of the petitioner, the seizure list should have been handed over to any family member of the petitioner,

Patna High Court Cr.Misc. No.10760 of 2019(2) dt.22-02-2019 2/2 but from perusal of F.I.R. itself, it appears that the police searched the house but no inmate of the house was found inside and huge quantity of Indian made foreign liquor was recovered from the house of the petitioner.

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