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Patna High CourtCR. MISC./22189/2019rejected

Kamlesh Prasad @ Kamlesh @ Kamal Prasad v. The State Of Bihar

2019-04-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22189 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Kamlesh Prasad @ Kamlesh @ Kamal Prasad, aged about 50 years, Male, Son of Ramautar Prasad, Resident of Village Satwar, P.S. G.B. Nagar, District Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2019 Heard both sides.

Petitioner apprehends his arrest in G.B. Nagar P.S. Case No.41 of 2019, registered under Sections 30(a), 38 and 41(i) of the Bihar Prohibition and Excise Act. The police on secret information arrested Virendra Singh. Virendra Singh disclosed that he along with the petitioner used to sell liquor. On such information, the house of the petitioner was searched and 32 bottles each containing 750 ml. and 126 bottles each containing 180 ml. foreign liquor were recovered from the house of the petitioner.

Learned counsel for the petitioner submits that Virendra Singh is the own co-sharer of the petitioner and it was he who had kept the liquor in his house but petitioner has falsely

Patna High Court CR. MISC. No.22189 of 2019(2) dt.08-04-2019 2/2 been implicated in the case but it appears that on the disclosure made by Virendra Singh, the room of the petitioner was searched and from the room of the petitioner 46 litres of Indian made foreign liquor of different brands was recovered. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

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