Sarfaraj Ahmad @Md. Sarfraz v. The State Of Bihar
Patna High Court Cr.Misc. No.13206 of 2017 (2) dt.12-04-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13206 of 2017 Arising Out of PS.Case No. -827 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sarfaraj Ahmad @ Md. Sarfraz, Son of Late Mumtaj Ahmad, Resident of Mohalla- Belbanwa, P.S.- Motihari Town, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Tondon, Advocate For the Opposite Party/s : Mr. Sri Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-04-2017 Heard.
The petitioner apprehends his arrest in connection with Motihari Town P.S. Case No. 827 of 2016 pending in the Court of CJM, Motihari registered for an offence under Sections 272,273,34 of the IPC and 30(a),38(1) of the Bihar Prohibition and Excise Act.
The informant in his written report has alleged that on the date of occurrence, on secret information, he along with other police officials, raided the shop of one Md. Soni and recovered 3 bottles Royal Stag country made wine. The accused persons fled away.
Learned counsel for the petitioner submits he has been falsely implicated in the present case. Nothing has been recovered
Patna High Court Cr.Misc. No.13206 of 2017 (2) dt.12-04-2017 from his possession and the recovery was made from the shop of Md. Sonu.
The learned APP, on the other hand, opposed the submission, by submitting that in view of provision of Section 76(2) of the Bihar Provision of Excise Act, 2016, the present anticipatory bail petition is not maintainable. Besides that the police have seized country made wine from their house in presence of independent witnesses.
In the facts and circumstances of the case, the prayer of the petitioner is rejected. Petitioners prayer for bail in the event of his surrender, shall be considered by the learned court below on its merit without being prejudiced by this order. (Sanjay Kumar, J) Prakash/- U T