Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59472 of 2019 Arising Out of PS. Case No.-213 Year-2019 Thana- BARUN District- Aurangabad ====================================================== RANJEET KUMAR Son of Ghura Paswan @ Lalit Paswan Resident of Village-Hasanpur, P.S.-Barun, District-Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Leelawati Kumari For the Opposite Party/s :
Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-09-2019 The petitioner apprehends his arrest in connection with Barun P.S.Case No. 213 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.
Allegation against the petitioner, as per FIR, is that the police recovered a total quantity of 2.4 litres illicit liquor from the courtyard of the petitioner.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as illicit liquor has been recovered from the courtyard of a house which is a joint family property and in the seizurelist, there is no signature of independent witness.
Having regard to the submissions made by the parties and taking into consideration the fact that from perusal of the FIR and the seizure list, the illicit liquor has been recovered from the
Patna High Court CR. MISC. No.59472 of 2019(2) dt.19-09-2019 2/2 courtyard of the petitioner, therefore, in view of the Full Bench judgment passed in Cr. Appeal (SJ) No. 431 of 2019, I am not inclined to exercise my discretion for grant of privilege of anticipatory bail to the petitioner as such the same is rejected. However, in case, petitioner surrenders before the court below within a period of 15 days and files application for regular bail, the same shall be considered in view of the fact that a small quantity of liquor has been recovered from the courtyard of the petitioner, on the same day without being prejudiced to the fact that present application has been dismissed by this Court.
(Anil Kumar Sinha, J) sujit/- U T