Nandu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20226 of 2020 Arising Out of PS. Case No.-161 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Nandu Yadav aged about 40 yrs, son of Late Krishna Yadav, resident of village Domanbigha, P.S- Muffasil Aurangabad, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-08-2020 The defect as pointed out by the office be ignored because the Excise case number has been mentioned in the impugned order.

Heard learned counsel appearing for the petitioner as well as learned counsel for the State through video conferencing.

Petitioner apprehends her arrest in connection with Excise Case No. 161 of 2020 registered for the offences punishable under sections 30(a) of the Bihar Prohibition and Excise Act 2018.

According to the the prosecution case, the recovery of liquor was made from the house of the petitioner but submission on behalf of the petitioner is that the house in

Patna High Court CR. MISC. No.20226 of 2020(2) dt.20-08-2020 2/2 question does not have any door or roof and as a matter of fact, petitioner never resides in the said house.

In my view, the written report discloses offence punishable under Bihar Prohibition and Excise Amendment Act 2018 and, therefore, this petition filed under section 438 of the Cr.P.C is not maintainable.

Accordingly, this petition stands dismissed being not maintainable.

(Hemant Kumar Srivastava, J) N.K/- U T