Prabhu Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23624 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Prabhu Prasad, S/o Dinanath Prasad.

2. Ramlagan Yadav @ Lagan Yadav, S/o Late Narayan Yadav. Both resident of Village Mangalpur Gudariya, P.S. Nautan, Dist. West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Nautan P.S. Case No. 44 of 2017 registered for offences under sections 35(C) of the Bihar Excise Act, 2016.

In the First Information Report, it has been alleged that huge quantity of liquor were recovered from the shop. Learned counsel for the petitioners submits that the material which has been recovered was put to forensic examination and it was found that the percentage of ethyl alcohol content in the mixture was 0.2% and, as such, it cannot be said to be liquor as provided under the Bihar Prohibition and Excise Act,

Patna High Court Cr.Misc. No.23624 of 2017 (2) dt.11-07-2017 2016. Learned counsel for the petitioners further submits that the petitioners are the supplier and seller respectively, only they are distributing the material supplied by the Company and, that too, after obtaining licence from the State Government. As it appears that the recovered material was liquor, this Court is not inclined to grant privilege of anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners, namely, 1. Prabhu Prasad and 2. Ramlagan Yadav @ Lagan Yadav is rejected.

If the petitioners surrender before the court below within a period of four weeks from today, the court below is directed to consider the prayer for bail of the petitioners and will pass order in accordance with law on the same day itself without being prejudiced by the present order of this Court. (Shivaji Pandey, J) Rishi/- U T