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Patna High CourtCR. MISC./16948/2019rejected

Dablu Singh @ Sujeet Kumar v. The State Of Bihar

2019-03-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16948 of 2019 Arising Out of PS. Case No.-534 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== Dablu Singh @ Sujeet Kumar S/o- Rajendra Singh @ Rajendra Kumar Singh, Resident of Village- Sona Khan , P.S.- Suppi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2019 Heard both sides.

The petitioner apprehends his arrest in Dumra P.S. Case No.534 of 2018 registered under Sections 272, 273 and 34 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

The police got information about selling of liquor in a hotel situated at Maryada Path. The hotel was raided and it transpired that the hotel owner, namely, Ramesh Kumar has let out one part of hotel which is run by the petitioner as Khusboo Meat House and from upper part of the said hotel 12 bottles of Royal Stag Premier Whisky each containing 375 ml were recovered.

Learned counsel for the petitioner submits that from the seizure list it appears that the liquor was recovered from the

Patna High Court CR. MISC. No.16948 of 2019(2) dt.26-03-2019 2/2 hotel of Ramesh Kumar and not from Khusboo Meat House but from perusal of contents of F.I.R. itself, it appears that the hotel is partitioned in two parts. One part is let out to the petitioner who runs Khusboo Meat House and from Khusboo Meat House recovery of liquor was made.

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

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