Satyendra Yadav @ Jhulan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43827 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- BARUN District- Aurangabad ====================================================== SATYENDRA YADAV @ JHULAN YADAV S/o Late Suresh Yadav R/o village- Chandar Bigha, P.S.- Barun, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alka Singh For the Opposite Party/s :

Mrs.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-07-2019 The petitioner apprehends his arrest in connection with Barun P.S.Case No. 108 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation against the petitioner, as per FIR, is that in total 110 litres of illicit country made liquor has been recovered from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has got no criminal antecedent and the recovery has been made from the tile house of the petitioner. After having heard learned counsel for the parties and taking into consideration the fact that recovery of illicit country made liquor has been made from the house of the petitioner as such a prima facie case under the Excise Act is made out against the petitioner. Therefore, in view of the Full Bench judgment

Patna High Court CR. MISC. No.43827 of 2019(2) dt.17-07-2019 2/2 passed in Cr. Appeal (SJ) No. 431 of 2019, I am not inclined to exercise my discretion for grant of privilege of anticipatory bail to the petitioner as such the same is rejected. (Anil Kumar Sinha, J) sujit/- U T