Raju Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17999 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- BANGARA District- Samastipur ====================================================== Raju Giri, Son of Sunil Kumar Giri R/o village- Dadri Dhanraj, P.S.- N.H. Bangra, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272 and 273 of the IPC and Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that from adjacent to the house of one Baiju Giri, 69.08 litres and from the motorcycle of the petitioner, 9 litres of Indian Made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioner that so far as recovery of the illicit liquor from adjacent to the house of Baiju Giri is concerned, the petitioner cannot be held responsible, however, it is submitted that the alleged motorcycle

Patna High Court CR. MISC. No.17999 of 2019(2) dt.28-03-2019 2/2 belongs to the petitioner.

In view of the recovery, this Court is not inclined to grant anticipatory bail to the petitioner.

However, it is a case for consideration of regular bail by learned Court below if the petitioner surrenders within a period of six weeks in connection with N.H. Bangra P .S. Case No. 02 of 2019, pending in the Court of learned Additional Sessions Judge-III-cum-Special Judge (Excise), Samastipur. Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T