Anis Kumar @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28433 of 2019 Arising Out of PS. Case No.-341 Year-2018 Thana- KOTWA District- East Champaran ====================================================== 1.

ANIS KUMAR @ ANIL KUMAR Son of Ravindra Rai Resident of Village - Dipau, P.S.- Kotwa, Distt - East Champaran. 2.

Ravindra Rai Son of Ganesh Rai Resident of Village - Dipau, P.S.- Kotwa, Distt - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-04-2019 Heard both sides.

The petitioners apprehend their arrest in Kotwa P.S. case No. 341 of 2018 registered under Section 272, 273, 34 of the IPC and u/s 30(a) of Bihar Prohibition & Excise Act. The police got information that both petitioners, son and father, have kept concealed huge quantity of liquor in and around their heap of straw and on search 89 bottles of Officers Choice and one bottle of Royal Stag whiskey, each containing 180 ml., was recovered under the earth from in and around of heap of straw of the petitioners.

The learned counsel for the petitioners submits that petitioners cannot be held responsible for recovery of whiskey

Patna High Court CR. MISC. No.28433 of 2019(2) dt.30-04-2019 2/2 under the heap of straw but it transpired that petitioners had kept bottles of whiskey under heap of straw and on information raid was conducted and 90 bottles of whiskey was recovered. Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

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