Suresh Srivastava @ Suresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27776 of 2020 Arising Out of PS. Case No.-31 Year-2020 Thana- GORAUL District- Vaishali ====================================================== SURESH SRIVASTAVA @ SURESH PRASAD, S/O Ratneshwar Prasad Srivastava, Resident of Village - Goraul Bazar, P.S. - Goraul, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-11-2020 The matter has been taken up through virtual Court proceeding.

Let the defects be removed within two weeks of the start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Submission is that from the joint shop of the petitioner and co-accused Tuntun Ram, liquor was recovered. Considering the presumption of law under Section 32 of the Bihar Prohibition and Excise Act as well as bar of the prayer for anticipatory bail under Section 76(2) of the said Act, I

Patna High Court CR. MISC. No.27776 of 2020(2) dt.26-11-2020 2/2 am not inclined to enlarge the petitioner on anticipatory bail in connection with Goraul P.S. Case No. 31 of 2020 pending in the Court of learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur.

Hence, prayer for anticipatory bail is refused. (Birendra Kumar, J) Kundan/- U T