Jagdeo Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50810 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- RAHIKA District- Madhubani ====================================================== Jagdeo Mukhiya, Aged about 32 years, Male, Son of Bindeshwar Mukhiya, Resident of Village Jagatpur Barihiya Tol Kamasthan, P.S. Rahika, District Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-08-2019 Heard Mr. Gagan Deo Yadav, the learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor.

Petitioner apprehends his arrest in Rahika P.S. Case No.67 of 2019, registered under Sections 272 and 273 of the Indian Penal Code as well as under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant, ASI of Rahika PS, alleged that he got secret inputs that the petitioner was illegally indulged in selling illicit liquor from his house and on such a raid was conducted. On raid, from half constructed house situated behind the house of the petitioner, about 98 litres of Nepali liquor was recovered. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.50810 of 2019(2) dt.16-08-2019 2/2 house is half constructed. No member of the family was residing in the house. Anybody can keep the liquor in the half constructed building of the petitioner but it appears that the half constructed building is situated by the side of the house of the petitioner and the same also belongs to the petitioner. Taking into consideration the fact that the recovery was made from the half constructed house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

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