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Patna High CourtCR. MISC./68509/2019rejected

Dharmendra Ram v. The State Of Bihar

2019-11-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68509 of 2019 Arising Out of PS. Case No.-337 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== DHARMENDRA RAM Son of Mangal Ram, Resident of Village - Arra, P.S.- Kanti, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-11-2019 Heard both sides.

The petitioner apprehends his arrest in Kanti P.S. Case No.337 of 2019 registered under Sections 25(1-b)a, 26, 35 of the Arms Act and under sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act.

The police got secret information that Jitendra Kumar @ Golu Thakur was making a plan to commit crime keeping arms and ammunition and liquor in the house of Sant Ram. On such, a raid was conducted in the house of Sant Ram and Dharmendra Ram (petitioner). Two persons managed to flee away. One Sant Ram was apprehended and from his house, arms and ammunition were recovered. On search, from the house of the petitioner, 41.760 litres of Indian made foreign

Patna High Court CR. MISC. No.68509 of 2019(2) dt.13-11-2019 2/2 liquor was recovered.

Learned counsel for the petitioner submits that the petitioner was not even present on the place of occurrence. Only two persons are said to have fled away. One person Sant Ram is apprehended on the spot and from his house, arms and ammunition were recovered, but it appears that the house of the petitioner was also searched and from the house of the petitioner, Indian made foreign liquor weighing 41.760 litres was recovered.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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