Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68084 of 2019 Arising Out of PS. Case No.-103 Year-2019 Thana- PUNAURA District- Sitamarhi ====================================================== PAPPU SINGH Son of Ram Ekbal Singh Resident of Village-Koari, P.S.- Punaura and District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-11-2019 Heard both sides.

The petitioner apprehends his arrest in Punaura P.S. Case No.103 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

The informant disclosed in his statement that he got information that petitioner had kept liquor and illegally used to sell. The informant saw the petitioner standing in the bank of pond situated in front of the house of the petitioner but the petitioner after seeing the police managed to flee away. On search, 56 bottles each containing 180 ml. liquor was recovered from the bank of pond situated in front of the house of the petitioner.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.68084 of 2019(2) dt.06-11-2019 2/2 petitioner cannot be held responsible for recovery of liquor made from the bank of pond situated in front of the house of the petitioner but it appears that informant got information about the activities of the informant and his indulgence in illegal selling of liquor and on such, raid was conducted and from the bank of pond, owned by the petitioner, which is situated in front of the house of the petitioner, 56 bottles of liquor was recovered. 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) Saurabh/- U T