Madan Kumar @ Madan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74921 of 2019 Arising Out of PS. Case No.-815 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== Madan Kumar @ Madan Yadav, S/o Yugeshwar Yadav Resident of VillageAaurahi Purab (Aaurahi East ), ward No.4, P.S.- Forbesganj (Simraha), District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Special Case No.1095 of 2019 arising out of Forbesganj P.S. Case No.815 of 2019, registered for the offences punishable under Sections 341, 323, 353, 188, 332, 224, 225, 228, 504/34 of the Indian Penal Code and Section 44, 53, 30(a), 38(1) of the Bihar Prohibition and Excise Act.

The allegation against the petitioner is that police upon secret information raided the house of the petitioner and recovered a total quantity of 5.4 litres of illicit foreign liquor and ten bottles of Eskuf cough syrup containing codeine which is prohibited under the law.

Patna High Court CR. MISC. No.74921 of 2019(2) dt.18-12-2019 2/2 Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch the house is joint family house and the petitioner along with others reside in the house jointly. On the other hand, learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that illicit liquor as well as prohibited drug has been recovered from the house of the petitioner and the petitioner does not deserve the privilege of anticipatory bail.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the fact that illicit liquor and the prohibited drug has been recovered from the house of the petitioner, I am not inclined to grant anticipatory bail to the petitioner and the prayer for the same is hereby rejected.

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