Kishor Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3191 of 2023 Arising Out of PS. Case No.-65 Year-2021 Thana- BAGHA District- West Champaran ====================================================== Kishor Singh, son of Late Jagarnath Singh, resident of Village-Chhotakipatti Bargaon P.S.- Bagaha, Dist-West Champaran, Bettiah ... ... Appellant
Versus
The State of Bihar ... ... Respondent ====================================================== Appearance :
For the Appellant/s :
Mr. Lokesh Kumar Singh, Advocate For the Respondent/s :
Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL JUDGMENT Date : 25-01-2024 Heard learned counsel for the appellant and learned counsel for the State.
2. The present appeal has been filed by the appellant against the order dated 24.05.2023 passed by learned A.D.J.-II-cum-Special Judge (Excise), Bagaha, West Champaran in S.Tr. No.3855 of 2022 arising out of Bagaha P.S. Case No.65 of 2021 whereby the learned trial court has rejected the petition preferred under Section 239 of the Code of Criminal Procedure (for short 'CrPC').
3. The main contention for raising the discharge prayer before the learned Trial Court was that as per breathe analyzer report only .42 per mile alcohol was found, which to be treated as no alcohol and as such, the charge could not be framed, as no prima-facie case is made out.
Patna High Court CR. APP (SJ) No.3191 of 2023 dt.25-01-2024 2/2
4. It is submitted by learned APP that there is no minimum percentage of alcohol or quantity required as to frame charge under Bihar Prohibition and Excise Act, 2016.
5. However, from the submission and from the fact gathered during the course of investigation, it appears that this is not a case where alcohol has not been consumed rather on the basis of percentage it has been disputed.
6. A counter affidavit has been filed on behalf of the respondent-State wherein it has been stated that a chargesheet against the appellant was filed under Section 45 of the Act apart from Section 37(c) of the Bihar Prohibition and Excise Act.
7. In view of the aforesaid facts and circumstances, the present appeal is being devoid of any merit. Accordingly, it is dismissed.
(Chandra Shekhar Jha, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.01.2024 Transmission Date 25.01.2024