Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25215 of 2017 Arising Out of PS.Case No. -64 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Sanjeev Kumar Son of Ram Nandan Sah @ Ram Nandan Prasad resident of village - Bahlwara, P.S. - Saraiya, District - Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Naresh Singh, Advocate For the Opposite Party/s : Sri Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Saraiya P. S. Case No.64 of 2017 registered under Section 35(c) Bihar Prohibition and Excise Act, 2016.

Regard being had to the recovery of huge quantity of liquor from the shop of the petitioner and the provision prescribed under sub-section (2) of Section 76 of Bihar Prohibition and Excise Act, 2016 which clearly bars applicability of Section 438 of the Code of Criminal Procedure, I am not inclined to entertain the present application. It is dismissed, accordingly.

(Ashwani Kumar Singh, J.) Kanchan/- U T