(1) CR.APP. 1914.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1914 OF 2009 Shaikh Rasul S/o Shaikh Chand, Age : Major, Occu.: Business, R/o Bara-Bhai Galli, Ambajogai, Tq. Ambajogai, Dist. Beed .. Applicant Versus 1] The State of Maharashtra, (Copy to be served upon GP High Court Bench at Aurangabad) 2] The Superintendent of Police, Beed, Dist. Beed .. Respondents Smt. S.S. Jadhav, Advocate for the Applicant Smt. R.R. Mane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 3RD JULY, 2009 ORAL ORDER:- 1] The applicant is seeking anticipatory bail in crime no. 12 of 2009 dated 22.4.2009 registered at Ambajogai City Police Station. The applicant is accused of committing offences under section 65(A) (E) of the Bombay Prohibition Act, 1949. (2) CR.APP. 1914.2009 2] The complainant admitted that they raided a tin-shed situated at the back of the applicant's bar and restaurant and found number of liquor bottles stored there. The complainant alleged that this storage of liquor was for the purpose of sale of the bottles without license. But the applicant had a license granted to him under the provisions of the Bombay Prohibition Act etc. authorising him to sell the foreign liquor at his restaurant, which is situated at Bus Stand Road, Ambajogai. 3] I am shown a copy of the said license which is valid upto 31.03.2010. I asked the learned APP as to whether the tin-shed, where the raid took place and where the bottles were found had access from the restaurant or otherwise? She said she does not have instructions in that regard. In the absence of any positive assertion from the prosecution, the applicant's case that the liquor bottles belonged to him and they were stored in the shed for the purpose of conducting business of bar and restaurant, is acceptable. In view of this it appears that the applicant probably has not committed an offence under section 65(A)(E) of the Bombay Prohibition Act. The applicant deserves protection of anticipatory bail. (3) CR.APP. 1914.2009 4] In the event of the applicant's arrest in this case, he shall be released on bail of Rs.5000/- (Rs. Five Thousand) with one surety in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/3july9/cr1914.09