Mahendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45762 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Mahendra Rai S/o Jailal Rai, R/o Village- Chandpura, P.S.- Raghopur, District- Vaishali at Hajipur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rakesh Kumar Tiwary, Advocate.

For the Opposite Party : Mr. Shantanu Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-11-2016 Heard both sides.

The petitioner apprehends his arrest in Raghopur P.S. Case No. 57 of 2016 registered for the offences punishable under Sections 272, 273 and 414 of the Indian Penal Code and under Section 47(A) of the Bihar Excise Act.

The police raided the house of the petitioner and from there huge quantity of country made foreign liquor of different brands were recovered from the house of the petitioner. Learned counsel for the petitioner submits that the petitioner and his three sons are made accused in the case. The petitioner is an old man aged about 72 years. It is further submitted that the recovery was made from the newly constructed house in which the petitioner was not residing. It is not possible

Patna High Court Cr.Misc. No.45762 of 2016 (2) dt.25-11-2016 2/2 and believable that the petitioner being an old man who fled away from the place of occurrence but, from perusal of the seizure list it appears that about more than 600 bottles of different brands of country made foreign liquor were recovered from the house of the petitioner.

Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T