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Patna High CourtCR. MISC./22609/2019rejected

Ramdahin Yadav v. The State Of Bihar

2019-04-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22609 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== RAMDAHIN YADAV, aged about 50 years, Male, Son of Deo Saran Yadav, Resident of Village-Dallibigha, P.S-Belaganj, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rashmi Sharma For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2019 Heard both sides.

Petitioner apprehends his arrest in Belaganj P.S. Case No.17 of 2019, registered under Sections 2(E), 3, 5(b), 18 and 42 of the Mahua Ful Niyamavali.

The police raided the house of the petitioner and recovered huge quantity of Mahua flower and it was found that the petitioner was selling Mahua flower meant for preparation of liquor.

Learned counsel for the petitioner submits that no search and seizure was made in accordance with law in the house of the petitioner. The seizure list does not bear the signature of the petitioner and any member of his family but it appears that after seeing the police the petitioner and his family members fled away. Thereafter search was made and 50 Kgs. of

Patna High Court CR. MISC. No.22609 of 2019(2) dt.11-04-2019 2/2 Mahua flower was recovered from the house of the petitioner. 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