Santosh Rai @ Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18377 of 2022 Arising Out of PS. Case No.-347 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

SANTOSH RAI @ SANTOSH YADAV SON OF AWADH RAI @ AWADHLAL YADAV R/O VILLAGE- BATHAUL, P.S.- NANPUR, DISTRICT- SITAMARHI 2.

UDAY CHANDRA RAI SON OF AWADH RAI @ AWADHLAL YADAV R/O VILLAGE- BATHAUL, P.S.- NANPUR, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mrs.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2022 Heard learned counsel for the parties through video conferencing.

The petitioners apprehend their arrest in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

35 liters country-made liquor has been recovered from the house of these petitioners.

It is submitted that nothing has been recovered from the conscious possession of the petitioners. Recovery has been made from the house, which is in joint possession of the family. Petitioners have got clean antecedent.

However, learned A.P.P. for the State vehemently

Patna High Court CR. MISC. No.18377 of 2022(2) dt.22-07-2022 2/2 opposed the prayer for anticipatory bail and submitted that recovery has been made from the house of these petitioners. Considering the fact that recovery has been made from the house of these petitioners, the prayer for anticipatory bail of petitioners is rejected.

(Prabhat Kumar Singh, J) anay/- U T