Abinash Chandra @ Avinash Chandra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29891 of 2019 Arising Out of PS. Case No.-171 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== ABINASH CHANDRA @ AVINASH CHANDRA Son of Bhola Yadav Resident of Mohalla- Prithvipur (Chirayatand), P.S.- Kankarbagh, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-05-2019 Heard both sides.

The petitioner apprehends his arrest in Kadamkuan P.S. case No. 171 of 2018 registered under Section 30(a), 38, 38 (b) (c ) of the Bihar Prohibition & Excise Act. The police on secret information went near the house of Dr. Vijay Singh and found a person standing near a scooty. That person was giving bottle in pack after taking money but after seeing the police he fled away. From the scooty 20 bottles of IMFL, Royal Stag Premier Whisky, were recovered. The learned counsel for the petitioner submits that petitioner is working outside Patna. Of course, the scooty is owned by the petitioner but the same was driving by his elder brother but it appears from the FIR that it was the petitioner who

Patna High Court CR. MISC. No.29891 of 2019(2) dt.07-05-2019 2/2 was selling liquor after taking out from the scooty and after seeing the police the petitioner managed to flee away. From the scooty of petitioner 20 bottles of IMFL were recovered. Considering 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