Sharwan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29320 of 2017 Arising Out of PS.Case No. -209 Year- 2017 Thana -GARKHA District- SARAN ======================================================

1. Sharwan Prasad son of Bharat Prasad resident of village - Garkha, Police Station - Garkha, District - Saran (Chapra). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sachida Nand Rai, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in connection with Garkha P.S. Case No.209 of 2017, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the Court of learned Additional Sessions Judge-VI, Saran at Chapra.

From the house of this petitioner wine was recovered. Considering the presumption under Section 32 of the Bihar Prohibition and Excise Act as well as the bar of anticipatory bail under Section 76(2) of the Act, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, it stands dismissed as not maintainable. However, in the event of surrender of the

Patna High Court Cr.Misc. No.29320 of 2017 (2) dt.14-07-2017 2/2 petitioner the prayer for regular bail shall be disposed of without being prejudiced by this order.

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