Gauri Mahto @ Shankar Mahto @ Gauri Shankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47271 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== GAURI MAHTO @ SHANKAR MAHTO @ GAURI SHANKAR MAHTO S/O Nagina Mahto Resident of village- Bakharia (Lal Saraiya) Dhangar Toli, P.S.- Majhaulia,District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-07-2019 Heard both sides.

The petitioner apprehends his arrest in Majhaulia P.S. Case No.187 of 2019 registered under Section 30(a) and 37(c) of Bihar Prohibition and Excise Act.

The informant, S.H.O. of Majhaulia P.S., alleged that he got secret inputs about the illegal preparation of country made liquor in the village Bakhariya Dhangar Toli. When the informant and other police officials went there to search, the villagers started fleeing away. On search, huge quantity of country made liquor was recovered from the different houses situated in the village. From the house of the petitioner, 20 liters of country made liquor and one motorcycle was recovered. From the dickey of the motorcycle, 2 Kgs. Naushad(a chemical

Patna High Court CR. MISC. No.47271 of 2019(2) dt.30-07-2019 2/2 meant for preparation of liquor) was also recovered. The learned counsel for the petitioner submits that seizure list was not prepared in accordance with law and the seizure list was not handed over to any family members of the petitioner.

It appears that after seeing the police the villagers including the family members of the petitioner fled away and many houses were searched including the house of the petitioner and huge quantity of country made liquor was recovered from the houses of different persons including the petitioner. 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