Vimal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39413 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== Vimal Yadav Son of Sudesh Yadav @ Sudeshwar Prasad, Resident of Village - Belha, Ward No. 7, P.S.- Bangaon, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-06-2019 Heard both sides.

The petitioner apprehends his arrest in Special (Excise) Case No.144 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

It is alleged that 177 litre of Indian made foreign liquor was recovered from the husk house of the petitioner. The submission of learned counsel for the petitioner is that the husk house is situated near open field of eastern side of the residential house of the petitioner and anyone can keep liquor in the house, but from perusal of column 3 of the prosecution report, it appears that the husk house was situated just adjacent to the eastern boundary of residential house of the petitioner covered by asbestos. On secret information, search

Patna High Court CR. MISC. No.39413 of 2019(2) dt.27-06-2019 2/2 was made by the police and excise officials and huge quantity of liquor kept in 20 cartons 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