Tribhuwan Nath Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31075 of 2017 Arising Out of PS.Case No. -297 Year- 2017 Thana -SHASTRINAGAR District- PATNA ====================================================== Tribhuwan Nath Roy S/o Late Pashupati Nath Roy, resident of House No. 23, Road No. 5, East Patel Nagar, P.O. & P.S.- Shastrinagar, Patna- 800023. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandeep Kumar, Advocate : Mr. Dhananjay Kumar Upadhyay, Advocate For the State : Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-07-2017 It is submitted by Mr. Sandeep Kumar, learned counsel appearing on behalf of the petitioner that even if the entire allegations made in the first information report are accepted to be true, no offence under the provisions of Bihar Prohibition and Excise Act, 2016 would be made against the petitioner. Be that as it may, since the impugned order is passed by the Special Judge, Excise, Patna, in view of Section 89 of the Bihar Prohibition and Excise Act, 2016 only appeal and not an application under Section 438 of the Code of Criminal Procedure would lie before this Court.

At this stage, learned counsel for the petitioner sought leave to withdraw the present application in order to file appeal

Patna High Court Cr.Misc. No.31075 of 2017 (2) dt.13-07-2017 2/2 against the order dated 15.06.2017 passed in Shashtri Nagar P.S. Case No.297 of 2017 by the Special Judge, Excise, Patna. Leave is granted.

The application is disposed of.

(Ashwani Kumar Singh, J) Md.S./- U T