Jagdish Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20792 of 2017 Arising Out of PS.Case No. -105 Year- 2016 Thana -GOVINDPUR District- NAWADA ======================================================

1. Jagdish Ravidas, son of Seva Ravidas, R/o Village- Jam Khokhro, P.S.- Deori, District- Giridih Jharkhand .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Man Mohan Kumar, Adv. For the Opposite Party : Mr. Ram Sevak Choudhary, APP 53 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-07-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The petitioner is owner of the vehicle from which liquor was allegedly recovered.

Submission of the learned counsel for the petitioner is that the recovery was not in presence of the petitioner nor the petitioner had knowledge about what was being carried by the rider on the said vehicle.

Since, presumption of guilt is there, against the petitioner, under sub section (2) of Section 32 of the Bihar Prohibition and Excise Act, 2016, as such this anticipatory bail application is not maintainable in view of the specific bar under Section 76 of the Act.

Hence, prayer of the anticipatory bail is refused. However, prayer for regular bail shall be considered without being prejudiced by this order.

(Birendra Kumar, J) SA/- U √ T √