Patna High CourtCR. MISC./20171/2019rejected

Munna Tiwari v. The State Of Bihar

2019-04-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20171 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== Munna Tiwari S/o Late Vinay Tiwari R/o village- Sujawalpur, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-04-2019 Heard both sides.

The petitioner apprehends his arrest in Sakara P.S. Case No.54 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

From perusal of F.I.R., it appears that on secret information the police raided the house of petitioner and recovered 3 bottles of Royal Stag each containing 375 ml liquor and 3 bottles of Royal Stag each containing 180 ml liquor. Learned counsel for the petitioner submits that the said house does not belong to the petitioner. The petitioner has got no criminal antecedent. The residential house of the petitioner is situated far away from the house in which raid was conducted. The house is an open space but it appears that it was

Patna High Court CR. MISC. No.20171 of 2019(2) dt.02-04-2019 2/2 the petitioner who had kept illicit liquor in his house from where recovery was made.

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

If the petitioner surrenders before the court below within four weeks from the date of receipt of this order, the learned court below shall consider the prayer for regular bail of the petitioner taking into consideration the facts that small quantity of liquor was recovered from the house of the petitioner and dispose of bail petition of the petitioner preferably on the same day.

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