Hiralal Yadav @ Harilal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32998 of 2019 Arising Out of PS. Case No.-93 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== 1.
Hiralal Yadav @ Harilal Yadav Son of Late Jagan Yadav, Resident of Village-Manikpur Badharpur, P.S.-Harsidhi, District-East Champaran. 2.
Radheshyam Yadav Son of Hiralal Yadav @ Harilal Yadav, Resident of Village-Manikpur Badharpur, P.S.-Harsidhi, District-East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-05-2019 Heard both sides.
Petitioners apprehend their arrest in Harsidhi P.S. Case No.93 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.
The informant got information that Harilal Yadav (petitioner no.1), Radheshyam Yadav (petitioner no.2) and Rambabu Kumar were illegally selling liquor from their bhunja shop. The police proceeded to raid but the accused persons started fleeing away. Rambabu Kumar was arrested and liquor was recovered from the place situated near lavatory of the petitioners.
Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.32998 of 2019(2) dt.20-05-2019 2/2 father and son were made accused. The recovery was not made from the conscious possession of the petitioners but from the place situated near lavatory of the petitioners. Having considered the facts that the petitioners are indulged in selling illicit liquor and on secret inputs the liquor was recovered from the place situated near the lavatory of the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Harish/- U T