Vikash Kumar @ Balaji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29871 of 2019 Arising Out of PS. Case No.-427 Year-2018 Thana- MAHUA District- Vaishali ====================================================== Vikash Kumar @ Balaji Son of Baskit Singh, Resident of Village-Madhopur, P.S.-Mahua, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

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

The petitioner apprehends his arrest in Mahua P.S. Case No.427 of 2018 registered under Sections 414 and 34 of the Indian Penal Code and under sections 30, 30(a) and 38 of the Bihar Prohibition and Excise Act.

The informant (police officer) got information that the petitioner, who is accused in Mahua P.S. Case No.390 of 2018, Mahua P.S. Case No.420 of 2018 and Mahua P.S. Case No.309 of 2017, is in his house and went to raid the house of petitioner in order to arrest him. When the police reached near the house of the petitioner, the police saw that the petitioner was keeping liquor in a car but the petitioner fled away after seeing the police. On search, some liquor was also recovered from the verandah of the house of the petitioner.

Patna High Court CR. MISC. No.29871 of 2019(2) dt.07-05-2019 2/2 Learned counsel for the petitioner submits that the driver was found sitting inside the car and 18 litres liquor is said to have been recovered from the verandah of the house of the petitioner. The verandah is open place and the petitioner cannot be held responsible for recovery of any liquor from any open place. It is further submitted that the petitioner has got no criminal antecedent, but from perusal of the F.I.R. itself, it appears that the petitioner is accused in three criminal cases being Mahua P.S. Case No.390 of 2018, Mahua P.S. Case No.420 of 2018 and Mahua P.S. Case No.309 of 2017. When the police reached near the house of the petitioner, the police saw that the petitioner was keeping liquor in the car but the petitioner managed to flee away after seeing the police and from the verandah of the house of the petitioner, the liquor was recovered.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T