Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79709 of 2019 Arising Out of PS. Case No.-238 Year-2019 Thana- NADI P.S. District- Patna ====================================================== 1.

Chhotu Kumar, Son of Late Ram Ekbal Ray Resident of Village - Pakki Dargah, P.S.- Nadi, District - Patna.

2.

Akshay Kumar, Son of Late Ram Ekbal Ray Resident of Village - Pakki Dargah, P.S.- Nadi, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner :

None For the State :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-12-2019 Nobody appears on behalf of the petitioners. Learned APP for the State has assisted the Court.

2. The petitioners apprehend arrest in connection with Special Case No. 8589 of 2019, arising out of Nadi PS Case No. 238 of 2019 dated 24.09.2019 instituted under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

3. The allegation against the petitioners is that 81.78 litres of illicit wine was recovered from their house.

4. Learned APP submitted that on specific information, the police had raided the house of the petitioners and two persons were caught while trying to run away from whom four bottles of

Patna High Court CR. MISC. No.79709 of 2019 dt.19-12-2019 2/2 whisky were recovered and they informed that they had bought the same from the petitioners, who were selling liquor. It was submitted that on the raid in the house of the petitioners, 81.78 litres of illicit wine was recovered, which clearly proves that they were indulging in the illegal business of dealing in liquor.

5. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioners on anticipatory bail.

6. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) Ranjeet/Rahul AFR/NAFR U T