Shanti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21035 of 2017 Arising Out of PS.Case No. -174 Year- 2016 Thana -AKBARPUR District- NAWADA ====================================================== Shanti Yadav, son of Late Hari Yadav, resident of Village- Mastanganj, P.S.- Akbarpur, District- Nawada.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Akbarpur P.S. Case No. 174 of 2016 registered for the offence punishable under section 47 (a) of Bihar Prohibition Excise Amendment Act, 2016.

Allegedly acting on an information that the petitioner is selling foreign liquor from his boring room, a raid was conducted then after seeing the Police party, the petitioner succeeded in fleeing away, but from his boring room, huge quantity of foreign liquors were recovered as per the seizure list. Submission is of false implication and that nothing has been recovered from the boring room of the petitioner. The

Patna High Court Cr.Misc. No.21035 of 2017 (2) dt.10-07-2017 2/2 said room is not of the petitioner, no one has seen the petitioner in fleeing away and only on suspicion he has been made accused and as such, petitioner deserves sympathetic consideration. Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering the alleged recovery, I am not inclined to grant the privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) Mahesh/- U T