Mohan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60074 of 2019 Arising Out of PS. Case No.-157 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== MOHAN CHOUDHARY S/o Late Ratan Choudhary R/o village- Laltanganj, P.S.- Madanpur, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Chandra For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-10-2019 Heard both sides.

The petitioner apprehends his arrest in Madanpur P.S. Case No.157 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant got information that the petitioner and others were illegally selling liquor and on such, a raid was conducted but the petitioner managed to flee away after seeing the police. 12 liters of spirit was recovered from the house of the petitioner.

The learned counsel for the petitioner submits that recovery was made from the courtyard and not from the house of the petitioner. No independent witness put the signature on seizure list. The investigation was not made properly. The petitioner is an old man but it appears that recovery was made

Patna High Court CR. MISC. No.60074 of 2019(2) dt.14-10-2019 2/2 inside the house of the petitioner.

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) Saurabh/- U T