Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21056 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Chandan Kumar, Son of Suresh Prasad @ Suresh Kumar Sah, Resident of Mohalla- Nazeerpur, Mahavir Asthan, P.S.- Town, District- Muzaffarpur, At present Gola Bandh Road V.T. Children School Gali, P.S.- Muzaffarpur (Town), District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-04-2019 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that from the possession of the petitioner, about 20.520 litres of Indian Made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that recovery has been made from

Patna High Court CR. MISC. No.21056 of 2019(2) dt.05-04-2019 2/2 the conscious physical possession of the petitioner. Considering the fact that recovery has been made from the joint family house of the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner in connection with Town P.S. Case No.112 of 2019 pending in the Court of learned Special Judge, Excise Act, Muzaffarpur. However, it is a case for consideration of regular bail of the petitioner by learned Court below, if he surrenders before the learned Court beow, within a period of six weeks. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T