Raghu Saw @ Raghu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35395 of 2018 Arising Out of PS. Case No.-300 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== Raghu Saw @ Raghu Sah , Son of Sri Husaina Saw, Resident of VillageGapha Khurd, P.S. -Bodh Gaya, District Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Prithivi Raj Singh, Advocate For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-07-2018 Heard Sri Prithvi Raj Singh, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Bodh Gaya P.S. Case No. 300 of 2018, registered for the offence under Section 30(d) of the Bihar Prohibition and Excise Act, 2016 ( hereinafter referred to as the "Excise Act") , has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner submits that it is true that from Kirana shop of the petitioner 15 Kg. Mahua Flower as well as 15 Kg. Gur ( non- sugar) was recovered. The petitioner was not involved in any offence relating to Excise Act . Learned counsel for the petitioner tried to persuade the court that under Excise Act keeping Mahua is no offence.

Patna High Court Cr.Misc. No.35395 of 2018(3) dt.03-07-2018 2/2 The Court is of the opinion that if petitioner feels that F.I.R. itself is not maintainable, he may avail appropriate remedy. At least this Court is of the opinion that cognizable offence is made out against the petitioner and from his shop recovery has been affected.

The anticipatory bail petition stands dismissed. (Rakesh Kumar, J) praful/- U T