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Patna High CourtCR. MISC./22483/2019disposed

Raushan Golu @ Raushan Kumar @ Golu v. The State Of Bihar

2019-04-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22483 of 2019 Arising Out of PS. Case No.-971 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== RAUSHAN GOLU @ RAUSHAN KUMAR @ GOLU, S/o Dashai Mahto, Resident of Sherpur Kayasth Tola, P.S. Sadar, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Nitu Kumari For the Opposite Party/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-04-2019 Heard learned Counsels 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 Bihar Prohibition and Excise Act, 2016.

The prosecution case is that about 27 litres of country made liquor were recovered, from the hutment of the petitioner. It is submitted by learned counsel for the petitioner the recovery has been made from the joint family house of the petitioner. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that the recovery has been made from the hutment of the petitioner and

Patna High Court CR. MISC. No.22483 of 2019(2) dt.09-04-2019 2/2 he is named in the FIR.

Considering the fact that recovery has been made from the joint family house of the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner in connection with Sadar P.S. Case No.971 of 2018 pending in the Court of learned Special Judge Excise, Muzaffarpur. However, it is a case for consideration of regular bail of the petitioner by the learned Court below, if he surrenders before the learned Court below, within a period of six weeks. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T