Raj Kumar Sao @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17299 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Raj Kumar Sao @ Raj Kumar Son of Indal Sao @ Indar Sao Resident of Mohalla- Lalbagh, Police Station- Sheikhpura, District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-05-2017 Heard both sides.

The petitioner apprehends his arrest in Sheikhpura P.S. case No. 91 of 2017 under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The informant, S.H.O. of Sheikhpura P.S., on input, raided the house of Dharmendra Kumar and from there different brands of Indian made foreign liquor were recovered. Dharmendra Kumar disclosed that he purchased the wine from Raj Kumar Sao, the petitioner, who had taken a room on rent from Suresh Sao. The room of Suresh Sao, which was taken by the petitioner on rent, was searched and from there different brands of Indian made foreign liquor for sale in Jharkhand only were recovered. The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.17299 of 2017 (2) dt.09-05-2017 2/2 nothing has been recovered from the possession of the petitioner. The petitioner has not taken any room on rent from Suresh Sao but it appears that Dharmendra Kumar made specific allegation that he purchased wine from the petitioner who had taken a room on rent to sale the wine and from that room liquor was also recovered. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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