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Patna High CourtCR. MISC./34855/2019rejected

Pappu Sah v. The State Of Bihar

2019-08-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34855 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Pappu Sah, Aged about 32 years, Male, S/o Paharu Sah, Resident of Village Bajitpur, P.S. Bajpatti, District Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2019 Heard both sides.

Petitioner apprehends his arrest in G.O. Case No.35 of 2019, registered for the offences allegedly committed by the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that 15 litres country made liquor is said to have been recovered from behind the house of the petitioner and not from the conscious possession of the petitioner and the seizure list witness is of different village but it appears that the excise officials on secret inputs raided the house of the petitioner and from behind the house of the petitioner, one bag containing 15 litres of Nepali Saufi wine was recovered.

Patna High Court CR. MISC. No.34855 of 2019(3) dt.17-08-2019 2/2 Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T