Akhilesh Kumar @ Akhilesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35949 of 2020 Arising Out of PS. Case No.-323 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== AKHILESH KUMAR @ AKHILESH SHARMA Son of Rajbalam Singh, Resident of Village - Kairwa, Dariapur, Saho Bigha, P.S.- Ghosi, District - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-04-2021 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Ghosi P.S. Case No.323 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant got information that the petitioner kept liquor near his house and on such information, the police went near the house of the petitioner. On search, the police recovered a bag containing liquor from the field near Amla tree situated by the side of the house of the petitioner and 20.780 litres of liquor was found.

Learned counsel for the petitioner submits that the petitioner is 60% disabled. He is suffering from polio and his left limb has been affected. The petitioner got certificate of

Patna High Court CR. MISC. No.35949 of 2020(2) dt.07-04-2021 2/2 disablement. He is also getting pension under the Social Security Scheme. Nothing has been recovered from conscious possession of the petitioner and the petitioner has got no criminal antecedent, but it appears that the informant got specific inputs that the petitioner had kept liquor near the house of the petitioner. On such information, a raid was conducted and 20.780 liquors of liquor was recovered from the land near Amla tree situated by the side of the house of the petitioner. 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