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Patna High CourtCR. MISC./46609/2016rejected

Rasik Lal Mahto v. The State Of Bihar

2016-12-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46609 of 2016 Arising Out of PS.Case No. -168 Year- 2015 Thana -SARSI District- PURNIA ====================================================== Rasik Lal Mahto Son of Late- Jageshwar Mahto, resident of VillageBaraina, P.S.- Sarsi, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand, Adv. For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2016 Heard both sides.

The petitioner apprehends his arrest in Sarsi P.S. Case No. 168/2015, registered for the offences punishable under Sections 272 and 273 and other sections of the Indian Penal Code and Section 47(A) of the Excise Act.

On secret information the police raided the house of the petitioner and recovered 70 litres of country-made liquor in presence of the witnesses, but the petitioner was not found present there.

Learned counsel for the petitioner submits that the petitioner is first offender and the seizure-list does not bear the signature of the petitioner or any other family member of the petitioner.

Patna High Court Cr.Misc. No.46609 of 2016 (2) dt.02-12-2016 2/2 It appears that seizure was made in presence of two witnesses and 70 litres of country-made liquor was recovered from the house of the petitioner.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

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