Sudhir Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76750 of 2019 Arising Out of PS. Case No.-719 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== SUDHIR BIND Son of Ganesh Bind Resident of Mohalla - Sheikhpura Bind Toli, P.S.- Shastri Nagar, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016. From the hut of the petitioner liquor was recovered.

Submission is that recovery was not from conscious possession of the petitioner.

Considering the presumption under Section 32 of the Bihar Prohibition and Excise Act, 2016, I am not inclined to grant the petitioner on anticipatory bail in connection with Shastri Nagar P.S. Case No.719/2019 pending in the court of Special Judge Excise, Patna. Prayer

Patna High Court CR. MISC. No.76750 of 2019(2) dt.02-12-2019 2/2 is refused. Petitioner may surrender and make prayer for bail which shall be disposed of without being prejudiced by this order.

(Birendra Kumar, J) Prakash Narayan /- U T