Sanjiv Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29364 of 2016 Arising Out of PS.Case No. -56 Year- 2016 Thana -BATHNAHA District- SITAMARHI ====================================================== SANJIV KUMAR CHOUDHARY Son of Late Laxmi Prasad, resident of Ward No.24, Station Road, P.O.+P.S.+District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajnandan Kumar, Adv. For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2016 Heard both sides.

The petitioner apprehends his arrest in Bathnaha P.S. Case No. 56/2016, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 47, 51 and 53 of the Bihar Excise (Amendment Act), 2016. The S.H.O. Bathnaha Police Station got information that the house situated in the western side of N.H. - 104 huge quantity of liquor is kept in a room. He gave information to the B.D.O. and proceeded to raid the house. On search, 06 bottles of Blender Pride each containing 375 m.l., 45 bottles of Red night each containing 375 m.l. and 180 bottles of Strong Beer were recovered from the room and out side the room one sign-board of Sanjiv Coal Depot was also found.

Patna High Court Cr.Misc. No.29364 of 2016 (3) dt.21-09-2016 2/2 Learned counsel for the petitioner submits that petitioner had taken the room on rent for running Coal Depot, but he has already vacated the room. The house belongs to Nagendra Rai. It appears that sign-board was still there and from the room taken on rent by the petitioner huge quantity of foreign liquor was recovered.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T