Rambriksh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61381 of 2019 Arising Out of PS. Case No.-336 Year-2019 Thana- SIRDALA District- Nawada ====================================================== RAMBRIKSH PRASAD Son of Late Ramkeshwar Prasad Resident of Village-Kushumbha Tari, P.S.-Sirdala, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2019 Heard both sides.

The petitioner apprehends his arrest in Sirdala P.S. Case No.336 of 2019 registered under Sections 30(a) of Bihar Prohibition and Excise Act.

The learned counsel for the petitioner submits that recovery was made from near the drainage of the house of the petitioner and not from the conscious possession of the petitioner. It is submitted that petitioner has got no criminal antecedent but from perusal of the F.I.R. itself, it appears that police got information that it was petitioner who was indulged in trade of illicit liquor and on such, a raid was conducted. The drainage was situated adjacent to the house of the petitioner and 18 liters of country made liquor was recovered. Taking into consideration the facts aforesaid, I am not

Patna High Court CR. MISC. No.61381 of 2019(2) dt.17-10-2019 2/2 inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, learned court below shall consider the regular bail of the petitioner without being prejudiced by the order of this Court preferably on the same day.

(Prabhat Kumar Jha, J) Saurabh/- U T