Surendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76931 of 2018 Arising Out of PS. Case No.-337 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== Surendra Sah Son of Late Bal Chandra Sah, Resident of Village- Sareya, P.S.- Basantpur, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Anuj For the Opposite Party/s :

Mr.Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

A supplementary affidavit has been filed on behalf of the petitioner, which is taken on record.

This application for anticipatory bail, arises out of Basantpur P.S. Case No. 337 of 2018, disclosing offences under Sections 30/38/41(1) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel, appearing on behalf of the petitioner, has attempted to submit that no offence is made out against the petitioner under the provisions of the Bihar Excise Act and the allegation made in the first information report against the petitioner is incorrect. On perusal of the first

Patna High Court Cr.Misc. No.76931 of 2018(2) dt.16-01-2019 2/2 information report, this submission can not be accepted. Allegedly, a huge quantity of illegal wine was seized from the petitioner's Dalan. This is the petitioner's grievance, however, that the place from where the recovery has been made does not exclusively belong to the petitioner, which is a joint family property.

The offence punishable under the Bihar Excise Act is, however, made out in my opinion on the basis of what has been alleged in the FIR. This application for anticipatory bail, in my view, is therefore, not maintainable and is accordingly dismissed.

The petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit, without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

(Chakradhari Sharan Singh, J) Ashish/- U T