Rajiv Rai @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56124 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== RAJIV RAI @ RAJEEV KUMAR S/o- Late Rajendra Ray, Resident of village- Chakki, P.S.- Hathauri, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2019 Heard both sides.

The petitioner apprehends his arrest in Hathauri P.S. Case No.108 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and under sections 30(a), 38(i), (ii) of the Bihar Prohibition and Excise Act.

The police official of Hathauri P.S. got secret information that the petitioner had concealed huge quantity of Indian made foreign liquor under the heap of straw kept in front of the door of the petitioner and on such, a raid was conducted and 105.84 litres of Indian made foreign liquor of different brands was recovered from the heap of straw kept in front of the door of the petitioner.

Learned counsel for the petitioner submits that nothing has been recovered from conscious possession of the

Patna High Court CR. MISC. No.56124 of 2019(2) dt.09-09-2019 2/2 petitioner. There is no independent seizure list witness. It appears that huge quantity of Indian made foreign liquor was recovered from the heap of straw kept in front of the door of the petitioner.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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