Munarik Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57405 of 2019 Arising Out of PS. Case No.-195 Year-2017 Thana- RAJAOLI District- Nawada ====================================================== MUNARIK CHAUDHARY Son of Sita Ram Chaudhary Resident of Village - Bhadeja, P.S.- Mufassil, Dist.- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2019 Heard both sides.

The petitioner apprehends his arrest in Rajauli P.S. case No. 195 of 2017 registered under Section 30(a) of the Bihar Prohibition & Excise Act.

The police got information that one person was selling liquor from his motor cycle and on such raid was conducted but the petitioner, who was holding the motor cycle, managed to flee away after leaving the motor cycle on spot. From a bag kept on the motor cycle left by the petitioner 30 liters of country made liquor was recovered.

The learned counsel for the petitioner submits that petitioner is resident of another village situated in the district of Gaya. The petitioner parked his motor cycle near the place of occurrence and he had no knowledge about the liquor kept on

Patna High Court CR. MISC. No.57405 of 2019(2) dt.17-09-2019 2/2 the motor cycle but it appears that it was the petitioner who had brought the liquor and parked his motor cycle and started selling liquor but seeing the police the petitioner managed to flee away. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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