Ganesh Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19099 of 2017 Arising Out of PS.Case No. -4 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictPURNIA ======================================================

1. Ganesh Prasad Sah, S/o Sri Ram Sah, Mohalla- Purani Hat, Ward no. 36, Gulabbag, P.S. Sadar, District- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-07-2017 Heard both sides.

The petitioner apprehends his arrest in Case No. C104/2011, registered for the offences punishable under Sections 13(f), 47(f) of the Bihar Excise Act r/w 2(5), 3 of Bihar Excise Mahua Flower Rule, 2006.

From the prosecution case it appears that the godown of the petitioner was searched and 400kg of Mahua and 60kg of Bhakhar Mahua used for preparing Mahua liquor was recovered. Learned counsel for the petitioner submits that the petitioner is not owner of the godown. He runs a kirana shop. The petitioner after receipt of summons got knowledge of the case. It appears from the prosecution case itself that the

Patna High Court Cr.Misc. No.19099 of 2017 (3) dt.11-07-2017 2/2 witnesses also disclosed that the Mahua was recovered from the godown of the petitioner. Further, the case is of the year 2011. 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.) Rakhi U T