Patna High CourtCR. MISC./12675/2019dismissed

Ajay Chaudhary v. The State Of Bihar

2019-03-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12675 of 2019 Arising Out of PS. Case No.-135 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== Ajay Chaudhary, Son of Kusho Choudhary Resident of Village - Chhoti Jhitkaiya, P.S.- Maheshkhunt, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Kashyap For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-03-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Excise Case No. 135-C3 of 2018, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner is said to have fled away, on seeing the Police leaving behind two bottles, each having capacity of two liters filled with countrymade liquor, which were seized. The police are also said to have recovered certain articles/ingredients from behind the house of the petitioner, which could be used for preparation of country-made liquor.

Section 76(2) of the Bihar Prohibition and Excise Act, 2016, bars application of Section 438 of the Criminal Procedure Code.

Patna High Court CR. MISC. No.12675 of 2019(2) dt.01-03-2019 2/2 In that view of the matter, this application cannot be maintained and is accordingly dismissed.

However, considering the small quantity of liquor, the petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If he does so, their application for regular bail shall be considered on the same day on its own merit, without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

(Chakradhari Sharan Singh, J) Ashish/- U T