Patna High CourtCR. MISC./43119/2019bail rejected

Akshay Ram @ Akshay Lal Ram v. The State Of Bihar

2019-07-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43119 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- GHOSWARI District- Patna ====================================================== AKSHAY RAM @ AKSHAY LAL RAM Son of Late Sita Ram Resident of Balba, P.S.- Ghoshwari, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-07-2019 Heard both sides.

The petitioner apprehends his arrest in Ghoshwari P.S. case No. 30 of 2019 registered under Section 30(a) of the Bihar Prohibition & Excise Act.

On secret information, the informant raided the house of petitioner and recovered five liter country made liquor made of Mahua.

The learned counsel for the petitioner submits that recovery is said to have been made from the house of petitioner but seizure list does not bear signature of any independent witness. The seizure list was not handed over to any family member of the petitioner. It is further submitted that in the FIR it is mentioned that five liter Mahua is said to have been recovered but seizure list disclosed that five liter country made

Patna High Court CR. MISC. No.43119 of 2019(2) dt.12-07-2019 2/2 liquor made of Mahua is recovered.

It appears that raid was conducted in the house of petitioner and five liter country made liquor made of Mahua was recovered. There appears slip of pen in the FIR where it is mentioned that five liter Mahua is recovered but the seizure list shows that five liter country made liquor made of Mahua was recovered.

Considering the facts aforesaid and the fact that recovery is made from the house of petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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