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Patna High CourtCR. MISC./55218/2019rejected

Chhathu Patel v. The State Of Bihar

2019-09-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55218 of 2019 Arising Out of PS. Case No.-386 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== CHHATHU PATEL Son of Late Mahesh Patel, Resident of Village - San Saraiya, P.S.- Bettiah Muffasil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-09-2019 Heard both sides.

The petitioner apprehends his arrest in Bettiah Muffasil P.S. Case No.386 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that a raid was conducted but none of the family members were found inside the house. The seizure of beer is doubtful, but it appears that on secret information raid was conducted and 31 bottles of beer each containing 500 ml were recovered from the room of the petitioner Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the

Patna High Court CR. MISC. No.55218 of 2019(2) dt.03-09-2019 2/2 learned court below shall considered the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court.

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