Dabalu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6732 of 2017 Arising Out of PS.Case No. -362 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ====================================================== Dabalu Paswan, S/o Bhola Paswan, resident of Village- Bhore, P.S.- Muffasil, District- Gaya.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Sinha For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Muffasil P.S.Case No. 362/2016 registered for the offences under section 47 of the Bihar Excise Amendment Act and 3 of Mahua Flower Act. The allegation is that from the house of the petitioner 15 Kgs. fermented mahua for preparation of illegal country made liquor was recovered.

Submission is that the recovery is not made from the house of the petitioner. The copy of the seizure list was not handed over to the family members and the seizure list witnesses are police personnel.

In view of Section 76(2) of the amended Bihar Prohibition and Excise Act, the anticipatory bail is not maintainable. So, the prayer for anticipatory bail of the petitioner is rejected.

Patna High Court Cr.Misc. No.6732 of 2017 (2) dt.22-02-2017 The petitioner is directed to surrender before the court below and seek regular bail.

(Arun Kumar, J) Surendra/- U