Patna High CourtCR. MISC./51704/2018dismissed

Chandan Kumar v. The State Of Bihar

2018-09-20Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51704 of 2018 Arising Out of PS. Case No.-71 Year-2018 Thana- RAJNAGAR District- Madhubani ====================================================== Chandan Kumar S/o Ramprikshan Mahto @ Ramvrix Mahto, R/o Vill.- Paliwar, P.S.- Rajnagar, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Rajnagar P.S. Case No. 71 of 2018 dated 18.03.2018 instituted under Sections 272 and 273/34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is that from the side of his house, in the mud, 28 bottles of 300 ml each of Nepali liquor were recovered.

4. Learned counsel for the petitioner submitted that recovery is not from inside the house and, thus, not from the conscious possession of the petitioner. It was further submitted that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.51704 of 2018 dt.20-09-2018 2/2

5. Learned APP submitted that recovery of 28 bottles cannot be said to be for self consumption or for non commercial purpose and clearly it indicates that the petitioner is involved in the trade of illegal liquor. Further, he submitted that the raid was conducted on receipt of secret information by the police specifically against the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date