Mohan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26761 of 2016 Arising Out of PS.Case No. -68 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mohan Prasad, son of Late Kishun Sah, resident of Village- Patjilwa, P.S.- Chiraiya, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Chiraiya P.S. Case No.68 of 2016, registered for the offence punishable under Section 47 of the Excise Act.

The Police received secret information that the petitioner was involved in purchasing and selling of liquor. On the tips of that information, the police raided the shop but did not find any incriminating material. The police gather information from the villagers that liquor has been kept behind the house of Jawahir Prasad and thereafter search was made and during the search 20 bottles of bear were recovered behind the house of said

Patna High Court Cr.Misc. No.26761 of 2016 (2) dt.04-07-2016 2/2 Jawahir Prasad.

Learned counsel for the petitioner submits that it was not country made liquor. But, allegation has been made against the petitioner to have been involved in purchasing and selling of bear.

Looking to the nature allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. If the petitioner surrenders before the Court below within three weeks from today and prays for bail, the court below will pass appropriate order.

(Shivaji Pandey, J) pawan/- U