Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48903 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== RAJESH SAH Son of Dashrath Sah Resident of Village - Amawa Bazar, P.S.- Majhaulia, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-08-2019 Heard both sides.

The petitioner apprehends his arrest in Majhaulia P.S. case No. 95 of 2019 registered under Section 30(a), 37(c) of the Bihar Prohibition & Excise Act.

The S.H.O., Majhaulia got information of keeping liquor at different places and also got information that petitioner had kept wine in the dickey of his motor cycle parked in front of his shop. On such, a raid was conducted and from the motor cycle parked in front of the shop of petitioner three bottles each containing 750 ml Kings Gold whiskey were recovered. The learned counsel for the petitioner submits that petitioner was busy inside his shop and petitioner had no knowledge about the liquor kept in a bag on the motor cycle parked in front of shop of the petitioner and for such recovery

Patna High Court CR. MISC. No.48903 of 2019(2) dt.06-08-2019 2/2 petitioner is not responsible. If the petitioner was knowing about the liquor he would have kept the same concealed inside the shop or anywhere else but it appears that informant has got definite information that on the motor cycle parked in front of shop of the petitioner, the petitioner had kept liquor and on such three bottles of whiskey were recovered.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below the learned court below shall consider the prayer for bail of the petitioner on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J) BKS/- U T