Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34355 of 2014 Arising Out of PS.Case No. -18 Year- 2014 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== Jitendra Singh son of Late Rajdeo Singh, Resident of village Chakia, P.S.- Panapur , District -Saran ( Chapra) .

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party: Mrs. Sangeeta Sharma APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-02-2015 Heard both sides.

Petitioner, Jitendra Singh, apprehends his arrest in Baikunthpur P.S. Case No.18 of 2014, registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 47-A of the Excise Act.

Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot. The shop does not belong to the petitioner. No independent witnesses have put their signatures on the seizure list.

On perusal of the record it appears that Gumati of the petitioner situated in Laxmi Market was raided by the police. After having got information, the petitioner is said to have fled away but from Gumati of the petitioner, 63 pouches of country made liquor each containing 400 ml. and other articles were

Patna High Court Cr.Misc. No.34355 of 2014 (2) dt.16-02-2015 2/2 recovered.

Considering the fact that the petitioner was selling the country-made liquor without having licence, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the same is dismissed.

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