Patna High CourtCR. MISC./58488/2019rejected

Krishna Choudhary @ Krishna Pasi v. The State Of Bihar

2019-09-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58488 of 2019 Arising Out of PS. Case No.-203 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== Krishna Choudhary @ Krishna Pasi, Aged about 55 years, Male, Son of Late Laxmi Choudhary, Resident of Village Deoria, P.S. Maharajganj, District Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mithilesh Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2019 Heard both sides.

The petitioner apprehends his arrest in Marajganj P.S. Case No.203 of 2019, registered under Sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act. The police got information about keeping of liquor in the house of Babua Ji Choudhary and Krishna Ji Choudhary, the petitioner. On such a raid was conducted. From the hut situated behind the house of Babua Ji Choudhary, six litres liquor was recovered and from the hut situated in front of the house of Krishna Choudhary, the petitioner, 8 litres country made liquor was recovered.

Learned counsel for the petitioner submits that nothing has been recovered from the house of the petitioner. The

Patna High Court CR. MISC. No.58488 of 2019(2) dt.19-09-2019 2/2 hut is situated in open place and anybody can keep liquor in the hut situated in front of the house of the petitioner but from the facts of the FIR and the seizure list itself, it appears that from projection situated in front of the house of the petitioner, 8 litres of country made liquor was recovered.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T