Panku Rishidev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55430 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- JADIA District- Supaul ====================================================== Panku Rishidev Son of Shiban Rishideo Resident of Rajgoan Ward No.4, P.SJadia, District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Choudhary, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Jadia P.S. Case No. 19 of 2018, registered under Section 30(a) of the Bihar Prohibition and Excise Act. The allegation against the petitioner is that the police on secret information searched the house of the petitioner and recovered 45 liters of illicit liquor from the roof of the house belonging to the petitioner.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case, inasmuch as the house does not exclusively belong to the petitioner and the same is in joint ownership, he further submits that the illicit liquor has been recovered from roof of the house

Patna High Court CR. MISC. No.55430 of 2019(2) dt.02-09-2019 2/2 which is an open space, he further submits that petitioner has got no criminal antecedent.

After having heard learned counsel for the parties and taking into consideration the fact that recovery has been made from the roof of the house of the petitioner, in view of the Full Bench judgment passed in Cr. Appeal (SJ) No. 431 of 2019, I am not inclined to exercise my discretion under Section 438 of Cr.P.C.

This application is, accordingly, rejected.

(Anil Kumar Sinha, J) S.Katyayan/- U T