Tuntun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23822 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== TUNTUN YADAV Son of Mahender Yadav, Resident of Village-Ratanpura, P.S.-Gopalpur, District-Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-04-2019 Heard both sides.

The petitioner apprehends his arrest in Gopalpur P.S. case No. 26 of 2019 registered under Section 272, 273, 420 of the IPC and u/s 30(a), 35 and 38 of Bihar Prohibition & Excise Act.

The gist of the allegation is that the informant got inputs that petitioner had kept liquor in his cattle shed. On such a raid was conducted. 97 liters of Banti Babli illicit liquor was recovered under the straw situated by the side of cattle shed of the petitioner.

The learned counsel for the petitioner submits that petitioner has got no criminal antecedent. The petitioner had not kept the liquor. Recovery was made from open place but the recovery itself shows that the same was made on the basis of

Patna High Court CR. MISC. No.23822 of 2019(2) dt.12-04-2019 2/2 inputs from the cattle shed of the petitioner. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T