Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46640 of 2019 Arising Out of PS. Case No.-156 Year-2019 Thana- BAKHARI District- Begusarai ====================================================== JITENDRA KUMAR Son of Dilip Mahto Resident of Village - Imadpur, P.S.- Bakhari, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Bakhari P.S.Cse no.156 of 2019 registered for offences punishable under Sections 30(a) of the Bihar Prohibiton and Excise Act, 2016 and Sections 25(1-b) (a)/26/35 of the Arms Act.

On secret information, the police raided the house of the father of the petitioner and found huge quantity of foreign liquor from his house as well as two country-made pistol and 15 pieces of cartridges.

Submission of the learned counsel for the petitioner is that he has been made accused only because he is son of Dilip Mahto, otherwise the police on information against Dilip Mahto has raised his house and he has no criminal antecedent.

Patna High Court CR. MISC. No.46640 of 2019(2) dt.29-07-2019 2/2 Heard learned A.P.P. , who has opposed the prayer for bail on the ground that there is recovery of huge quantity of liquor from his house as well as there is recovery of country-made pistol and cartridges, as such it can not be presumed that that petitioner has no knowledge about the same, as such this application is not maintainable.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, if the petitioner surrenders and pray for regular bail, the same shall be considered on its own merit.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T