Kanhaiya Bin @ Butan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14535 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- UCHKAGAON District- Gopalganj ====================================================== KANHAIYA BIN @ BUTAN Son of Mahangu Bin Resident of VillageTulasiya, P.S.- Uchkagaon, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjya Kumar Chaubey For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-09-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Uchkagaon P.S. Case No.17 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act.

2.340 litres of liquor was recovered from the house of the petitioner but the petitioner managed to flee away. The learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner. The house is joint family house but it appears that it was petitioner who had kept the liquor in his house and on such information, raid was conducted. 2.340 litres of liquor was recovered.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail.

Patna High Court CR. MISC. No.14535 of 2020(2) dt.03-09-2020 2/2 Accordingly, the same is rejected.

If the petitioner surrenders in the court below, learned court below shall consider the prayer for regular bail of the petitioner taking into consideration the fact that meagre amount of liquor is recovered from the house of the petitioner and dispose of the regular bail petition of the petitioner preferably on the same day, if possible.

(Prabhat Kumar Jha, J) Saurabh/- U T