Raja Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31028 of 2022 Arising Out of PS. Case No.-492 Year-2021 Thana- BIHPUR District- Bhagalpur ====================================================== Raja Sah Son Of Baiju Sah @ Baijnath Sah @ Baidya Nath Sah R/O VillageBharamarpur (Ward No.-4), P.S.- Bihpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 32(2) of the Bihar Prohibition & Excise Act.

There is recovery of 106.5 litres of Indian made Foreign Liquor from the hut of the petitioner. It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. A statement has been made

Patna High Court CR. MISC. No.31028 of 2022(3) dt.28-11-2022 2/2 in para 3 of the petition that petitioner has no criminal antecedent.

Considering the fact that petitioner is owner of the hut from where illicit Indian made Foreign Liquor was recovered, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for grant of anticipatory bail to the petitioner stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T