Bachchu Sah @ Bachchu Lal Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1032 of 2021 Arising Out of PS. Case No.-256 Year-2015 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== BACHCHU SAH @ BACHCHU LAL SAW, S/o Late Suman Sah @ Musan Saw R/o village- Shahpur, P.S. and Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-10-2021 Heard the learned counsel for the petitioner. Petitioner apprehends his arrest in connection with Case No. 256 C2/2015, registered for the offence punishable under Section 47(a) of the Excise Act.

As per allegation, the ASI, Excise, Jamui conducted raid in the shop of the petitioner and recovered 4 litres of liquor in 20 bottles of 200 ml each. The petitioner, as per allegation, fled away at the time of raid.

Learned counsel for the petitioner has submitted that the occurrence is of 2015, as such, newly enacted Bihar Prohibition and Excise Act, 2016 is not applicable in this case. He has further submitted that the alleged shop was not belonging to the petitioner. He has also submitted even the

Patna High Court CR. MISC. No.1032 of 2021(2) dt.29-10-2021 2/2 summons has not been served upon the petitioner. The allegation shows itself that the petitioner fled away from the occurrence when the raid was being conducted and the case is of the year 2015, as such, I am not inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail is hereby rejected.

(Nawneet Kumar Pandey , J) sanjeev/- U T