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Patna High CourtCR. MISC./54461/2019rejected

Gaurav Kumar v. The State Of Bihar

2019-08-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54461 of 2019 Arising Out of PS. Case No.-174 Year-2019 Thana- GOGRI District- Khagaria ====================================================== GAURAV KUMAR, Aged about 19 years, Male, S/o Fudan Yadav, R/o village- Shishwa, P.S.- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-08-2019 Heard both sides.

The petitioner apprehends his arrest in Gogri P.S. Case No.174 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant after having got information that the petitioner had kept liquor near his hand pump situated near his house raided the place but the petitioner managed to flee away. 8 bottles of Royal Stag each containing 375 ml. liquor were recovered.

Learned counsel for the petitioner submits that the petitioner is not the owner of the tube well and pump but it appears from perusal of the seizure list as well as the FIR that the hand pump is situated near the house of the petitioner and it was petitioner who had kept liquor for selling.

Patna High Court CR. MISC. No.54461 of 2019(2) dt.30-08-2019 2/2 Having considered the facts aforesaid, 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