Dharmraj Singh @ Munshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6801 of 2017 Arising Out of PS.Case No. -657 Year- 2016 Thana -KATIHAR District- KATIHAR ====================================================== Dharmraj Singh @ Munshi Son of Sheo Kumar Singh, Resident of Mohalla- Driver Tola, P.S.- Katihar (Town), District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-03-2017 Heard learned counsels for the petitioner and the State.

The petitioner apprehends his arrest in connection with Katihar (Town) P. S. Case No. 657 of 2016 instituted under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation, in brief, is that 40 litres illicit liquor were recovered from the house of the petitioner. Learned counsel for the petitioner submits that there is no recovery from the house of the petitioner and this petitioner is an advocate clerk and resides some other place at the place wherefrom recovery is said to be made and he has got no criminal antecedent.

In view of Section 76(2) of the Bihar Excise

Patna High Court Cr.Misc. No.6801 of 2017 (4) dt.22-03-2017 2/2 (Amendment) Act, 2016, anticipatory bail application is not maintainable, so prayer for anticipatory bail of this petitioner is rejected.

However, the petitioner may, if so advised, surrender and seek regular bail, which shall be disposed of on merit without being prejudiced by this order.

(Arun Kumar, J) Sujit/- U