Ramnath Chauhan @ Ramnath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72972 of 2019 Arising Out of PS. Case No.-256 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== Ramnath Chauhan @ Ramnath Singh, Son of Late Bengali Choudhary Resident of Village-Jurkan, P.S.-Hussainganj, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Hussainganj P.S. Case No.256 of 2019, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that a total quantity of 45 litres of illicit liquor has been recovered from the house of the petitioner kept in a room made by Asbestos. Learned counsel appearing for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the petitioner has got no criminal antecedent and illicit liquor has been recovered from the Asbestos situated in front of the house of the petitioner and not from the conscious

Patna High Court CR. MISC. No.72972 of 2019(2) dt.11-12-2019 2/2 possession of the petitioner.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that as per the FIR and the seizure list, it is evident that illicit liquor has been recovered from the room of the petitioner, I am not inclined to grant anticipatory bail to the petitioner in view of Full Bench judgment passed in Cr. Appeal (SJ) No.431 of 2019. As such the present anticipatory bail application is hereby rejected. However, if the petitioner surrenders before the Court below and prefer an application for regular bail within a period of fifteen days from today, the learned Court below shall consider his application for regular bail on its own merit without being prejudiced that the present application has been rejected by this Court.

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