Patna High CourtCR. MISC./45215/2019rejected

Chandra Vali Gupta @ Chandravali Sah v. The State Of Bihar

2019-07-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45215 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- BALIGAON District- Vaishali ====================================================== CHANDRA VALI GUPTA @ CHANDRAVALI SAH Son of Late Anandlal Gupta @ Anand Sah Resident of Village- Chiknauta (Kanutole), Police Station- Baligao, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmesh Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-07-2019 Heard both sides.

The petitioner apprehends his arrest in Baligaon P.S. Case No.27 of 2019 registered under Sections 379, 414 and 34 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise Act.

The S.H.O. of Baligaon P.S. got information that huge quantity of liquor was unloaded from a Bolero inside the premises of flour mill of the petitioner and on such, a raid was conducted. When the police reached inside the premises of flour mill somebody was loading liquor on his motorcycle bearing registration No.BR33S-4510 but seeing the police the persons managed to flee away. On search, 239 liters of Indian made foreign liquor of different brands containing in thousands of

Patna High Court CR. MISC. No.45215 of 2019(2) dt.23-07-2019 2/2 bottles was recovered.

The learned counsel for the petitioner submits that recovery was not made inside the flour mill and for any recovery made outside the flour mill, the petitioner is not responsible.

It appears that 239 liters of liquor was recovered from the premises of flour mill of the petitioner. Motorcycle was also seized.

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

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