Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11104 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Raushan Kumar Son of Late Saroj Prasad, resident of VillagePathakchak, P.O. Gangapur, P.S. Hulasganj, District- Jahanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Soni Shrivastava, Advocate For the Opposite Party/s : Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30 of the Bihar Prohibition and Excise Act.

From the room of this petitioner foreign liquor was allegedly recovered on 17.01.2017.

Submission of the petitioner is that the petitioner was not present there, hence, the recovery was not from the conscious possession and the premise is a rented premise. Therefore, chances of some manipulation at the hands of some other person cannot be overruled.

This anticipatory bail application is

Patna High Court Cr.Misc. No.11104 of 2017 (2) dt.17-03-2017 2/2 not maintainable in view of Section 76 of the Bihar Prohibition and Excise Act, 2016. Therefore, it is dismissed as not maintainable.

(Birendra Kumar, J) Mkr./- U T