Gore Lal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5204 of 2015 Arising Out of PS.Case No. -108 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Gore Lal Choudhary Son of Ramjee Chaudhary Resident of villChakpar(Tungi)P.S-Hisua,Distt.-Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary, Advocate. For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-02-2015 Heard both sides.

The petitioner apprehends his arrest in G.O. Case No. 108 of 2011, registered for the offences punishable under Section 47(A) of the Excise Act.

According to the prosecution report, the excise officials raided the place of Gore Lal Choudhary and from there 40 liters of country made wine and 1000 kg of Mahua meant for preparing country made liquor were recovered. Learned counsel for the petitioner submits that the raid was conducted on 28.08.2011, but the seizure list was prepared on 15.01.2012. The same was sent to the court on 25.02.2012. Further submission is that the petitioner is not the

Patna High Court Cr.Misc. No.5204 of 2015 (2) dt.06-02-2015 owner of the place from where the recovery was made. On perusal of the prosecution report, it appears that the raid was conducted at the place owned by the petitioner and from there huge quantity of country made liquor and 1000 kgs. of Mahua were recovered, hence, I do not find the case fit for grant of anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T