Kedar Rai v. The State Of Bihar, Through The District Magistrate, Samastipur.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48565 of 2016 Arising Out of PS. Case No.-152 Year-2016 Thana- SAMASTIPUR District- Samastipur ====================================================== KEDAR RAI Son of Late Gopi Rai Resident of Village - Neemchakhedar, P.S.- Kalyanpur, District - Samastipur, At present Kitchen Supervisor in Swarg Hotel, P.S.- Town, District - Samastipur ... ... Petitioner/s

Versus

1.

The State Of Bihar, Through The District Magistrate, Samastipur. Bihar 2.

The Superintendent of Police, Samastipur. Bihar 3.

The Station House Officer, Town Thana, Samastipur. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Prakash Sharma For the Opposite Party/s :

Mr.Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 12-05-2022 This is an application under Section 482 of the Cr.P.C. for quashing the FIR of Crime No. 152 of 2016 registered with Samastipur Town Police Station against the applicant for the offences punishable under Sections 47, 54, 57, 63 of Bihar Excise Act.

Heard the learned counsel appearing for the applicant. He vehemently argued that the FIR itself shows that house of Shambhu was searched and the illicit liquor was found therein. The applicant, according to the prosecution case, is merely tenant of house of Shambhu and therefore the FIR registered against the applicant deserves to be quashed and set aside. The learned Additional Public Prosecutor appears for

Patna High Court CR. MISC. No.48565 of 2016(2) dt.12-05-2022 2/3 the respondents.

I have considered the submissions so advanced and considered the averments made in the FIR.

It is well settled that powers of this Court under Section 482 of the Cr.P.C. have to be exercised spearingly when there is abuse of process of law. Perusal of the FIR lodged by the Police Officer of Nagar police station, Samastipur shows that the police has received secret information that the dealing in illicit liquor is going on at the house of Shambhu. Accordingly, the first informant along with his team members raided the house of Shambhu. In presence of two independent witnesses, that house was searched. It was found that the second floor of the house of Shambhu was in possession of the present applicant as tenant. Search of second floor of the house of Shambhu which was in possession of the applicant as tenant has resulted in recovery of huge haul of illicit liquor.

The illicit liquor recovered from the spot came to be seized by preparing seizure memo.

In this view of the matter, it cannot be said that prosecution launch against the applicant is abuse of process of law. Similarly, it cannot be said that it is a case of no evidence against the present applicant. There is prima facie evidence

Patna High Court CR. MISC. No.48565 of 2016(2) dt.12-05-2022 3/3 against the applicant and recovery has been effected in pursuant to the raid conducted by the police from the premises which were in possession of the applicant.

In this view of the matter, no case for interference in exercise of jurisdiction under Section 482 of the Cr.P.C. is made out. The application is accordingly rejected. (A. M. Badar, J) shahzad/- U T