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Patna High CourtCR. MISC./47259/2019rejected

Hare Ram Mahto v. The State Of Bihar

2019-07-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47259 of 2019 Arising Out of PS. Case No.-219 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== HARE RAM MAHTO Son of Late Ram Bahadur Mahto Resident of VillageKanu Bishnapur, Ward No. 2, Police Station- Khanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-07-2019 Heard both sides.

The petitioner apprehends his arrest in Excise P.S. Case No.219 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant got information that the petitioner was selling liquor from his shop and on such, a raid was conducted. 14 bottles of Imperial Blue Whiskey was recovered under a bench kept in front of the shop of the petitioner. The learned counsel for the petitioner submits that petitioner is not the owner of the shop. The recovery was made in front of the shop and not from inside the shop but it appears that bench was kept just by the side of the wall and in front of the shop and 14 bottles Whiskey were kept under a bench kept

Patna High Court CR. MISC. No.47259 of 2019(2) dt.30-07-2019 2/2 in front of the shop of 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