Bhola Prasad Sao @ Bhola Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16180 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- HASPURA District- Aurangabad ====================================================== Bhola Prasad Sao @ Bhola Saw, Son of Devendra Prasad @ Devendra Saw, Resident of Village - Gandhi Nagar, P.S.- Haspura, Distt - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned Counsel for the petitioner and learned APP for 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 (Amendment) Act, 2018. The prosecution case is that the informant received a secret information that a consignment of foreign liquor has arrived at village Gandhi Nagar and Balabigha. Whereupon, a raid was laid and from the house of the petitioner, 542 litres of Indian

Patna High Court CR. MISC. No.16180 of 2019(2) dt.15-03-2019 2/3 Made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioner that the alleged recovery has been made from a joint family house and the petitioner does not reside at the alleged place of recovery which gets reflected from residential address mentioned in his Aadhar Card and other means of identification. It is submitted by learned APP for the State that the recovery was made from the house of the petitioner and he is named in the FIR.

Considering the fact that the recovery has been made from the joint family house as suggested by the petitioner, this court is not inclined to grant him anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Haspura P.S. Case No.06 of 2019 pending in the Court of learned Addl. District and Sessions Judge VII-cum-Special Judge (Excise), Aurangabad.

Since the recovery has been made from the joint family house as suggested by the petitioner and the petitioner was not present at the place of seizure, the learned Court below may consider the prayer for regular bail of the petitioner, if he surrenders within a period of six weeks.

Patna High Court CR. MISC. No.16180 of 2019(2) dt.15-03-2019 3/3 Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Deepak/- U T