Nitya Nand Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47266 of 2019 Arising Out of PS. Case No.-223 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== NITYA NAND PANDEY Son of Chandradev Pandey Resident of villageKashipur, Ward No. -13, Police Station- Town, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.B.N.Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-07-2019 Heard both sides.

The petitioner apprehends his arrest in Excise Case No.223 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The learned counsel for the petitioner submits that 12.180 liters of Indian made foreign liquor was recovered near his washroom. The washroom is situated in open place. Petitioner is an old man aged about 60 years and he has got no criminal antecedent but from perusal of prosecution report, it appears that house of the petitioner was searched and near the toilet a bag containing 41 bottles of Imperial Blue Whiskey and Royalstag Whiskey were recovered. The recovery was made inside the house of the petitioner.

Patna High Court CR. MISC. No.47266 of 2019(2) dt.30-07-2019 2/2 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