Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31603 of 2021 Arising Out of PS. Case No.-814 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== PRADEEP KUMAR S/o Shiv Pujan Mehta R/o Mohalla- Mahua Sahid (Near Dharamshala Chowk), P.S.- Aurangabad (Town), District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

From the auto rickshaw of the petitioner, huge quantity of liquor was recovered. However, no one was there at the time of recovery. Petitioner has got no criminal antecedent under the Bihar Prohibition and Excise Act. No other person is accused in this case.

Considering presumption under Section 32 of the Bihar Prohibition and Excise Act, 2016 and consequent bar of

Patna High Court CR. MISC. No.31603 of 2021(3) dt.09-12-2021 2/2 prayer for anticipatory bail in connection with Excise P.S. Case No. 814 of 2019 pending in the Court of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Gaya/successor Court.

Accordingly, prayer for anticipatory bail is refused. Petitioner is directed to surrender within a period of two weeks from today and pray for regular bail. (Birendra Kumar, J) Kundan/- U T