Twinkle Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4910 of 2020 Arising Out of PS. Case No.-991 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== Twinkle Bhagat Son of Late Upendra Bhagat R/O- Machhali Market, D.B.Road, P.S.- Saharsa, Distt.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Saharsa Sadar P.S. Case No. 991/2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

In huge quantity countrymade liquor was recovered from Dhaba and the first information report goes to show that the aforesaid Dhaba belongs to the petitioner, therefore, prima facie, case for the offence of Bihar Prohibition and Excise Act, 2016 is made out against the petitioner and, therefore, in my view, this anticipatory bail petition is hit by Section 76(2) of the Bihar Prohibition and Excise Act, 2016.

Accordingly, this anticipatory bail petition stands dismissed being not maintainable.

Patna High Court CR. MISC. No.4910 of 2020(2) dt.02-03-2020 2/2 However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail petition of the petitioner.

(Hemant Kumar Srivastava, J) Spd/- U T