Mukesh Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5123 of 2020 Arising Out of PS. Case No.-131 Year-2019 Thana- KALUAHI District- Madhubani ====================================================== MUKESH KUMAR PRASAD, Son of Bindo Prasad @ Binod Kumar Prasad Resident of Village-Biraul, P.S.-Pandaul, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-03-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kaluahi P. S. Case No.131 of 2019 registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

In huge quantity of Indian foreign liquor was recovered from a vehicle, petitioner happens to be owner of the said vehicle. Therefore, in my view, this petition for anticipatory bail is hit by Section 76(2) of the Bihar Prohibition and Excise Act, 2016. Accordingly, this petition stands dismissed being not maintainable.

(Hemant Kumar Srivastava, J) vikash U T