Patna High CourtCR. MISC./31257/2016rejected

Dinesh Mahto @ Dinesh Kumar v. The State Of Bihar

2016-09-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31257 of 2016 Arising Out of PS.Case No. -88 Year- 2016 Thana -SONBERSA District- SITAMARHI ====================================================== Dinesh Mahto @ Dinesh Kumar Son of Shri Ramchandra Mahto Resident of Village- Mathiya at Ward no.- 14 P.O. - Singwahni , P.S.- Sonbarsa, District-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Sony Srivastava, Adv. For the Opposite Party/s : Mrs. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-09-2016 Heard both sides.

The petitioner apprehends his arrest in Sonbarsa P.S. Case No. 88/2016, registered for the offences punishable under Section 272, 273 of the Indian Penal Code and Section 47(A) of the Bihar Excise Amendment Act.

The informant S.H.O of Sonbarsa Police Station got information that huge quantity of country-made liquor is kept in the house situated in brick-kiln of the petitioner. The co-accused Rampravesh Nirmal @ Ram Pragesh Mahto was residing in that house. On search huge quantity of country-made liquor kept in 170 boxes were recovered.

Ms. Sony Srivastava learned counsel for the petitioner submits that the petitioner is the owner of the brick-kiln and he has no

Patna High Court Cr.Misc. No.31257 of 2016 (4) dt.23-09-2016 2/2 manner of concern with the room. The manager Ram Pravesh Nirmal was residing in the room. He new all the facts regarding keeping of huge quantity of country-made liquor in the room situated in the brickkiln. It appears that petitioner is the owner of the brick-kiln and without his knowledge such huge quantity of country-made liquor could not be kept in the premises inside the brick-kiln. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

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