Guddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39854 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== Guddu Singh, Aged about 43 years, Male, S/o Balbodh Singh, R/o village Dakra, P.S. Lakhisarai, District Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2019 Heard both sides.

Petitioner apprehends his arrest in Lakhisarai (Ramgadh Chowk) P.S. Case No.175 of 2019, registered under Sections 272 and 273 of the Indian Penal Code as well as under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Amendment Act, 2018.

The police having received secret information searched the house of the petitioner and from the roof of the house of the petitioner, 6 litres country made liquor, made of mahua, is alleged to have been recovered.

Learned counsel for the petitioner submits that the recovery was made from the joint house of the petitioner and petitioner had no knowledge who had kept liquor on the roof of the house but it appears that it was petitioner who is alleged to

Patna High Court CR. MISC. No.39854 of 2019(2) dt.01-07-2019 2/2 have kept country made liquor on the roof.

Considering 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. If the petitioner surrenders in the court below, the learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that the small quantity of country made liquor was recovered and dispose of the bail petition of the petitioner, if possible, on the same day. (Prabhat Kumar Jha, J) S.KUMAR/- U T