Most. Punam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4222 of 2019 Arising Out of PS. Case No.-157 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Bhagalpur ====================================================== Most. Punam Devi, W/o Late Jago Choudhary, Resident of MohallaDeepnagar Thakur Lane, P.S.- Jogsar (O.P.), District-Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anupa Nand Jha, Advocate For the Opposite Party/s :
Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Jogsar O.P. Excise Case No.157 of 2018 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
Considering the allegation of recovery of huge quantity of country-made liquor and Indian made foreign liquor from the courtyard of the petitioner's house, it cannot be said that no prima facie case under Section 30(a) of the Excise Act is made out against the petitioner.
Hence, keeping in mind the provisions prescribed under sub-section (2) of Section 76 of the Bihar Prohibition and Excise Act, 2016, I am not inclined to grant him pre-arrest bail.
Patna High Court Cr.Misc. No.4222 of 2019(2) dt.31-01-2019 2/2 The application is rejected.
In case, the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.
(Ashwani Kumar Singh, J.) Sanjeet/- U T