Pramod Kumar @ Pramod Chaudhari @ Sadhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14607 of 2019 Arising Out of PS. Case No.-289 Year-2018 Thana- DELHA District- Gaya ====================================================== Pramod Kumar @ Pramod Chaudhari @ Sadhu, Son of Karu Chaudhari, Resident of Village - Chhotaki Nawada, Behind kali Mandir, P.S.- Delha, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, from the under-construction house of the petitioner, 61 litres of Indian made foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that recovery cannot be treated from the conscious physical possession of the petitioner as the recovery has been made from under-construction house and this is not the case of prosecution that anyone was present at the place of seizure or anyone was

Patna High Court CR. MISC. No.14607 of 2019(2) dt.11-03-2019 2/2 residing in the alleged house. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the recovery has been made from the under-construction house of the petitioner. Considering the nature of recovery made from the under-construction house of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Delha P.S. Case No. 289 of 2018, pending in the Court of learned Special Judge (Excise), Gaya .

However, considering the fact that recovery has been made from the under-construction house of the petitioner, which is almost an open area, learned Court below may consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks.

Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T