Dhurendra @ Dhurendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37917 of 2020 Arising Out of PS. Case No.-402 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== DHURENDRA @ DHURENDRA SAH RESIDENT OF NAYA TOLA, CHANPATIYA, P.O and P.S. CHANPATIYA, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2021 Heard both sides through Video Conferencing.
The petitioner apprehends his arrest in Chanpatia P.S. Case No.402 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act.
During the course of patrolling, the informant and other police officials reached near the village Siwania and saw one person hiding white colour bag between the electric pole but that person was apprehended and on search, 2.125 litres of liquor was recovered. During raid, the informant got further information that some foreign liquor was kept in the house of the petitioner and the petitioner was selling the same. Thereafter, a raid was made in the house of the petitioner. 10 bottles of Imperial Blue Whisky each containing 375 ml were
Patna High Court CR. MISC. No.37917 of 2020(2) dt.01-07-2021 2/2 recovered.
Learned counsel for the petitioner submits that the petitioner was not found inside the house. The house is of joint family. Only petitioner cannot be held responsible for recovery of liquor but it appears that on secret information the informant raided the house of the petitioner and thereafter 10 bottles of Imperial Blue Whisky each containing 375 ml were recovered from 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