Jalandhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58554 of 2019 Arising Out of PS. Case No.-211 Year-2019 Thana- KESARIA District- East Champaran ====================================================== JALANDHAR KUMAR S/o Shivjee Rai R/o village- Sundrapur Badhai Tola, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2019 Heard both sides.

The petitioner apprehends his arrest in Kesariya P.S. Case No.211 of 2019 registered under Sections 272, 273 of the Indian Penal Code and under section 30(a) of the Bihar Prohibition and Excise Act.

The informant got information that the petitioner had kept liquor in his house and used to sell liquor from his house. On such, a raid was conducted and 20 litres of country made liquor is said to have been recovered from the house of the petitioner.

Learned counsel for the petitioner submits that the seizure list does not bear the signature of any family member of the house. Had the liquor been recovered from the house of the petitioner, the house of the petitioner would have been sealed

Patna High Court CR. MISC. No.58554 of 2019(2) dt.20-09-2019 2/2 and this fact itself shows that no recovery was made from the house of the petitioner, but it appears that when raid was conducted, the petitioner and his family members fled away from their house. Recovery was made in presence of two independence witnesses.

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