Patna High CourtCR. MISC./36645/2019bail rejected

Suresh Sah v. The State Of Bihar

2019-08-17Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36645 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== Suresh Sah, Son of Late Gorakh Sah Resident of Village - Kudarkat, P.S.- Chhauradano, Distt - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Chhauradano P.S. Case No.66 of 2019 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation against the petitioner is that the police raided the house of one Surendra Rai which was taken on rent by the petitioner and recovered total 94.5 litres of illicit liquor. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and has falsely been implicated in this case. Learned counsel further submits that the liquor has not been recovered from the conscious possession of

Patna High Court CR. MISC. No.36645 of 2019(3) dt.17-08-2019 2/2 the petitioner.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the illicit liquor has been recovered from the house which was taken on rent by the petitioner and the petitioner was occupier of the house, accordingly, in view of Full Bench judgment passed in Cr. Appeal (SJ) No.431 of 2019, I am not inclined to exercise my discretion under Section 438 of Cr.P.C. As such the present anticipatory bail application is hereby rejected. (Anil Kumar Sinha, J) sanjeev/- U T