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Patna High CourtCR. MISC./19920/2019rejected

Vinod Gupta @ Vinod Kumar v. The State Of Bihar

2019-04-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19920 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== Vinod Gupta @ Vinod Kumar Son of Sri Shiv Narayan Gupta, Resident of Ward No. 10, D.B. Road, Saharsa, P.S.- Saharsa, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-04-2019 Heard both sides.

The petitioner apprehends his arrest in Special (Excise) Case No.39 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that from perusal of the prosecution report as well as seizure list, it would appear that 72 bottles of Royal Stag were recovered from a bush situated in eastern side of the latrine situated in courtyard of the petitioner, which is an open space and there was no boundary around it but from the prosecution report and seizure list, it appears that the recovery was made from a bush situated in eastern part of latrine situated in the courtyard of the petitioner. Having considered the facts aforesaid, I am not

Patna High Court CR. MISC. No.19920 of 2019(2) dt.01-04-2019 2/2 inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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