Patna High CourtCR. MISC./15425/2020rejected

Sikendra Das @ Sikandar Das v. The State Of Bihar

2020-09-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15425 of 2020 Arising Out of PS. Case No.-5 Year-2012 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== SIKENDRA DAS @ SIKANDAR DAS, aged 39 years, Male, S/o Late Agahan Das, R/o village- Dhakba, P.S.- Fulliduar, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-09-2020 Heard Mr. Ajay Mukherjee, learned counsel for the petitioner and Md. Shakir Ahmad, learned Additional P.P. through video conferencing.

The petitioner apprehends his arrest in Complaint Case No. C-7-05/12 for the offences allegedly committed by the petitioner under Section 47(a) of the Bihar Prohibition and Excise Act.

The complainant alleged that after having received secret inputs about the fact that the petitioner was manufacturing illicit liquor from Mahua in his house, raid was conducted. 25 litres of illicit country made liquor made of Mahua, 50 Kgs. of Mahua flower and 50 Kgs. of Java Mahua with utensils meant for manufacturing liquor were recovered

Patna High Court CR. MISC. No.15425 of 2020(2) dt.15-09-2020 2/2 from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is a labour. He had gone outside his village to earn his livelihood. The petitioner had no knowledge about the recovery of liquor from his house, but it appears that besides 25 litres of liquor, 50 Kgs. of Mahua flower, 50 Kgs. of Java Mahua and many utensils meant for manufacturing liquor were recovered from the house of the petitioner and the petitioner was absconding for last eight years.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T