Patna High CourtCR. MISC./14414/2020rejected

Vikash Kumar v. The State Of Bihar

2020-08-31Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14414 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== VIKASH KUMAR S/o Raghuni Paswan @ Munshi @ Munshi Paswan, Resident of Village-Murli Pahari Bairagi, P.S.- Kotwali, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Adv.

For the Opposite Party/s :

Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-08-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Kotwali P.S. Case No.17 of 2020 registered under Sections 30(a) and 37(2) of the Bihar Prohibition and Excise Act.

Four persons were apprehended in inebriated condition and they disclosed that they purchased liquor from the house of the petitioner. On such, a raid was conducted and 30 litres of liquor was recovered from the house of the petitioner. The other houses were also searched and recovery was made. Learned counsel for the petitioner submits that the petitioner is residing in the house and for that only, it cannot be said that the petitioner was selling liquor, but it appears that from the house of the petitioner 30 litres of liquor was recovered. The persons, who were apprehended in inebriated

Patna High Court CR. MISC. No.14414 of 2020(2) dt.31-08-2020 2/2 condition, disclosed that it was petitioner, who sold liquor to them and they had consumed liquor in the house of the petitioner.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the learned court below shall consider the regular bail of the petitioner and dispose of the same, if possible, preferably on the same day.

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