Vijay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60058 of 2019 Arising Out of PS. Case No.-160 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== VIJAY MAHTO S/O Paltu Mahto Resident of Ward No. 9 Tole Mathurapur, Rampur Kusahia, P.S.- Warisnagar, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

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

The petitioner apprehends his arrest in Excise case No. 160 of 2019 registered under Section 30(a) of the Bihar Prohibition & Excise Act.

On secret information, the excise officials raided the house of petitioner and about 13 liters of Indian made foreign liquor was recovered.

The learned counsel for the petitioner submits that recovery was made from outside the house of petitioner and the same cannot be said to be recovered from the conscious possession of the petitioner but the prosecution report itself shows that recovery was made just behind the house of petitioner which is situated inside the premises of the house of

Patna High Court CR. MISC. No.60058 of 2019(2) dt.14-10-2019 2/2 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) BKS/- U T