Arjun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46114 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- RAGHOPUR District- Supaul ====================================================== ARJUN MANDAL Son of Satya Narayan Mandal, Resident of Village - Piprahi, P.S.- Raghopur, District - Supaul.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Raghopur P.S. Case No. 50 of 2019 registered for offence punishable under sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The police, on secret information, has raided the house of the petitioner. It has been alleged that looking to the police party, the petitioner fled away from there and the type of house has been shown as Jhoparinuma and from where, huge quantity of different brands of foreign liquor has been recovered.

The counsel for the petitioner has drawn attention of this Court to the seizure list and submitted that the seizure list

Patna High Court CR. MISC. No.46114 of 2019(2) dt.25-07-2019 2/2 does not bear the signature of any family members of the petitioner and, as such, it cannot be presumed that the said liquor has been recovered from his house.

Looking to the fact that the recovery has been made as per FIR from his house, so far the absence of signature of his family members, it will be seen during the trial. In such view of the matter, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below will decide the case on its own merit.

(Shivaji Pandey, J) Mahesh/- U T