Raja Rai @ Raja Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47695 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- BAKHARI District- Begusarai ====================================================== RAJA RAI @ RAJA RAY Son of Dular Chand Ray Resident of VillageMakkha Chak, Ward No.07, Bakhari, P.S.- Bakhari, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-07-2019 Heard both sides.

The petitioner apprehends his arrest in Bakhari P.S. Case No.68 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The learned counsel for the petitioner submits that recovery was made from an open place situated in the house of the petitioner. In the house many members of the joint family are residing and the petitioner cannot be held responsible for recovery of any liquor but it appears that S.H.O., Bakhari got inputs that it was petitioner who was indulged in selling liquor from his house. On raid, from a room situated towards the southern portion of the house, 168 bottles containing different brands of liquor was recovered.

Taking into consideration the fact that recovery was

Patna High Court CR. MISC. No.47695 of 2019(2) dt.31-07-2019 2/2 made from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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