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Patna High CourtCR. MISC./52408/2019rejected

Chandra Sekhar Yadav @ Chandra Shekhar Yadav v. The State Of Bihar

2019-08-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52408 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- BASOPATTI District- Madhubani ====================================================== CHANDRA SEKHAR YADAV @ CHANDRA SHEKHAR YADAV Son of Shiv Nandan Yadav Resident of Village-Ghorbanki Navtol, P.S.-Basopatti, 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.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-08-2019 Heard both sides.

The petitioner apprehends his arrest in Basopatti P.S. case No. 145 of 2019 registered under Section 272, 273 of the IPC and u/s 30(a) of Bihar Prohibition & Excise Act. According to prosecution case 53.40 liter of country made liquor is said to have been recovered from the asbestos house of the petitioner but the learned counsel for the petitioner submits that petitioner deserves anticipatory bail as the recovery was made from joint family house and petitioner alone cannot be held responsible but it transpired that the I.O. got secret information that it was the petitioner who had kept the liquor in his house to sell and on such raid was conducted. Taking into consideration the facts that 53.40 liter of

Patna High Court CR. MISC. No.52408 of 2019(2) dt.23-08-2019 2/2 country made liquor is recovered from the house of petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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