Asharaf Mian @ Asaraf Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27276 of 2020 Arising Out of PS. Case No.-64 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Asharaf Mian @ Asaraf Ali Son Of Nakal Main Resident Of Village - Sirsa Purana Tola, P.S.- Baikunthpur, District - Gopalganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Satyendra Rai, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner apprehends arrest in Baikunthpur Police Station Case No. 64/2020 registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act. There is allegation of recovery of 9.800 liters of country made liquor from the house of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that no incriminating material has been recovered from the conscious possession of the petitioner rather the alleged illicit liquor has been recovered from his joint family house. Petitioner has got no criminal antecedent.

Learned counsel for the State submits that as the recovery of illicit wine is from the house of the petitioner, the anticipatory bail petition is not maintainable under the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.27276 of 2020(2) dt.06-11-2020 2/2 In view of the above, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without being prejudiced by this order.

(Prabhat Kumar Singh, J) Shashi U T