Patna High CourtCR. MISC./28589/2016rejected

Basudeo Chaudhary @ Basudeo Chaudhari v. The State Of Bihar

2016-09-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28589 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -GOVINDPUR District- NAWADA ====================================================== Basudeo Chaudhary @ Basudeo Chaudhari son of Late Bajo Chaudhary Resident of village - Sarvahanpur, P.S. - Govindpur, District - Nawada. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Deepak Kumar, Advocate.

For the Opposite Party : Mr. Asha Devi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard both sides.

The petitioner apprehends his arrest in Govindpur P.S. Case No. 45 of 2016 registered for the offences punishable under Sections 47(A) of Bihar Excise (Amendment) Act, 2016. The informant sub-inspector of Govindpur police station alleged that he got information that the petitioner was illegally preparing country made liquor made of Mahua in his house and on such the house of the petitioner was raided. From the corridor of the house 10 liters country made liquor made of Mahua was recovered.

Learned counsel for the petitioner submits that the petitioner was not found in his house. The house is a joint family property. Mahua was recovered from the corridor of the house and

Patna High Court Cr.Misc. No.28589 of 2016 (3) dt.20-09-2016 2/2 no inmates of the house was made seizure list witness but it appears that 10 liters of country made liquor made of Mahua was recovered from the corridor situated inside the house. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T