Patna High CourtCR. MISC./62835/2019rejected

Sudhir Ravidas v. The State Of Bihar

2019-10-22Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62835 of 2019 Arising Out of PS. Case No.-887 Year-2019 Thana- NAWADA District- Nawada ====================================================== Sudhir Ravidas, Son of Late Brahmdev Ravidas Resident of Village- Paura, P.S.- Nawada Town (Kadirganj), 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.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Nawada Town (Kadirganj) P.S. Case No.887 of 2019, for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that under constructed house of the petitioner was raided by the police and police recovered a total quantity 119 litres of illicit liquor along with the equipments for packing the illicit liquor from the house in question and other material like gas pipe etc. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and has no

Patna High Court CR. MISC. No.62835 of 2019(2) dt.22-10-2019 2/2 criminal antecedent. Learned counsel further submits that in the under constructed house, in question, the petitioner was not living along with his family members. The petitioner thus prays that no case is made out against the petitioner inasmuch as no illicit liquor has been recovered from his conscious possession and with regard to equipment for packing of the liquor and other equipments, petitioner submits that he has no knowledge about the same.

Having regard to the submissions made by the parties and taking into consideration the fact that illicit liquor along with other equipment and materials have been recovered from the under constructed house of the petitioner, accordingly, in view of Full Bench judgment passed in Cr. Appeal (SJ) No.431 of 2019, I am not inclined to exercise my discretion under Section 438 of Cr.P.C. As such the present anticipatory bail application is hereby rejected.

(Anil Kumar Sinha, J) sanjeev/- U T