Shahid Alam @ Asrani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9434 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Shahid Alam @ Asrani

2. Raunak Mian @ Md. Raunak Khan @ Raushan Miyan.

3. Anzar Miyan @ Anzar Khan All sons of Shahood Khan @ Md. Saud Khan, resident of village-Faizabad, P.S.-Barbigha (Mishan O.P.), District-Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The FIR reveals that the police got information from its spy that the petitioners have kept liquor in a community hall. When community hall was raided, huge quantity of liquor was recovered. Some other police have stated that the petitioners on seeing the police party started fleeing away and they escaped. Considering the fact that there is accusation of commission of offence under the Bihar Prohibition and Excise Act, 2016, this anticipatory bail application is not maintainable in

Patna High Court Cr.Misc. No.9434 of 2017 (3) dt.26-04-2017 view of the statutory bar under Section 76 of the Act. Accordingly, it stands dismissed as not maintainable.

Arvind/- (Birendra Kumar, J) U T