Bijnesh Kahar @ Bijnath Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44226 of 2019 Arising Out of PS. Case No.-125 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== 1.

BIJNESH KAHAR @ BIJNATH RAM Son of Ramnath Kahar 2.

Chandan Kumar Son of Bijnath Kahar Both Resident of Village - Mahuli ,O.P., Sinha, P.S.- Barhara ,District - Bhojpur (Ara) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-07-2019 Heard both sides.

The petitioners apprehend their arrest in Barhara P.S. Case No.125 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant got information that the petitioners had brought country made liquor and kept on the roof of their toilet for sale. On such information, the informant raided the house and recovered 34 bottles each containing 180 ml. of Crazy Romeo Whiskey and 32 pouches each containing 200 ml. country made liquor from the roof of the toilets situated adjacent north to the house of the petitioners.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.44226 of 2019(2) dt.18-07-2019 2/2 recovery was not made from the conscious possession of the petitioners but it appears that informant received inputs for keeping of the liquor on the roof of the toilets of the petitioners and the recovery was made from there.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T