Mithu @ Mithun Panjiyar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6570 of 2017 Arising Out of PS.Case No. -161 Year- 2016 Thana -KASBA District- PURNIA ====================================================== Mithu @ Mithun Panjiyar son of Hari Lal Panjiyar, resident of Malhariya, P.S. Kasba, District Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-02-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Kasba P.S. Case No. 161 of 2016 registered for the offence under Section 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amedment) Act, 2016. Allegation is that 41 litres of foreign liquor in five bottles was recovered from one of the rooms of the house of the petitioner, which was under construction.

It is submitted that at the time of search, there was none inside the house because the house was under construction, so the petitioner had no knowledge about it.

Considering the recovery of foreign liquor from the house of the petitioner, which was under construction, the prayer for anticipatory bail in connection with Kasba P.S. Case No. 161 of 2016, pending in the court of Chief Judicial Magistrate, Purnea, is refused.

However, if the petitioner surrenders in the court below and pray for regular bail, then the same shall be considered on

Patna High Court Cr.Misc. No.6570 of 2017 (2) dt.10-02-2017 2/2 merits, without being prejudiced by this order. (Arun Kumar, J) BTiwary/- U T