Patna High CourtCR. MISC./21732/2019disposed

Vijay Kumar v. The State Of Bihar

2019-04-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21732 of 2019 Arising Out of PS. Case No.-396 Year-2018 Thana- LAHERIYASARAI District- Darbhanga ====================================================== VIJAY KUMAR Son of Raj Kumar Chaudhary @ Raj Kumar Mahto Resident of Village-Benta, P.S.- Lahariyasari, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mrs.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-04-2019 Heard learned counsels for the parties.

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.

The prosecution case is that 50 litres of Indian Made Foreign liquor were recovered from the room situated within the Airtel mobile tower premises. Petitioner is the guard of that tower.

It is submitted by learned counsel for the petitioner that the mobile tower in question is located in an open area. The petitioner was not on duty when the alleged recovery of liqour was made, in the circumstances, the recovery cannot be treated from the conscious physical possession of the petitioner. Statement has been made in paragraph 3 of the petition that the

Patna High Court CR. MISC. No.21732 of 2019(2) dt.08-04-2019 2/2 petitioner is not having any criminal antecedent. Considering the fact that the recovery has been made from a room which, as per the prosecution case, is situated within the mobile tower premises in which the petitioner is alleged to be a security guard, it is a case for consideration of prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks in connection with Laheriyasarai P.S. Case No. 396 of 2018 pending in the Court of the learned ADJ-V-cum-Special Judge, Excise, Darbhanga.

With the aforesaid observation/direction, this application is disposed of.

(Dinesh Kumar Singh, J) anil/- U