Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39633 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -TARAPUR District- MUNGER ======================================================

1. Lalan Yadav S/o Late Ramshray Prasad Yadav, R/o Village- Madhura, P.O. + P.s.- Tarapur, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Sinha For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2016 Heard both sides.

The petitioner apprehends his arrest in Tarapur P.S. Case No. 48 of 2016, registered for the offences punishable under Sections 47/53(C) of the Excise Act.

The informant is a police officer got information that in the house of Lalan Yadav has stock of foreign liquor for selling. The police raided the house of the petitioner but one person tried to flee away with the bag. 8 bottles of Bacardi were recovered from the bag. Rahul Kumar was apprehended from the house and also different brands of foreign liquor such as Bacardi, Blenders Pride, Royal Stag etc. were recovered.

It is submitted that the petitioner was not found inside the house. The house is a joint family property in which all family

Patna High Court Cr.Misc. No.39633 of 2016 (2) dt.17-09-2016 2/2 members are residing.

Considering the facts aforesaid and the fact that foreign liquors have been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered taking in to consideration that Rahul Kumar who happens to be nephew of the petitioner was apprehended by the police from the house and from his possession 8 bottles of Bacardi were recovered has already been enlarged on bail. The court below shall dispose of the bail petition on the same day.

(Prabhat Kumar Jha, J) Rakhi U T