Patna High CourtCR. MISC./50326/2019dismissed

Butta Yadav @ Kachhua Yadav @ Karan Kumar v. The State Of Bihar

2019-08-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50326 of 2019 Arising Out of PS. Case No.-80 Year-2018 Thana- VISHNUPAD District- Gaya ====================================================== BUTTA YADAV @ KACHHUA YADAV @ KARAN KUMAR Son of Bhola Yadav Resident of Village-Khatkachak, P.S.-Vishnupad, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in Vishnupad P.S. Case No. 80 of 2018, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Based on secret information that the petitioner had collected huge quantity of illicit liquor for commercial purpose, a raid was conducted. It is further alleged that seeing the police, taking advantage of darkness of night, two persons fled away. Learned counsel appearing on behalf of the petitioner has attempted to persuade this Court that no offence can be said to be made out against this petitioner under the provisions of Section 30(a) of Bihar Prohibition and Excise Act, 2016 and, therefore, bar under Section 76(2) of the Act shall not apply.

Patna High Court CR. MISC. No.50326 of 2019(2) dt.13-08-2019 2/2 I am not much convinced with the said submission. It is difficult for this Court to hold that no offence is made out. In view of the Full Bench decision rendered in the case of Ram Vinay Yadav vs. The State of Bihar, reported in 2019(2) PLJR 1089, this application cannot be maintained and is accordingly dismissed.

However, considering the fact that secret information, which is only basis, which has been mentioned in the First Information Report for the petitioner's implication, it is directed that if the petitioner surrenders before the Court below within four weeks from today and seeks regular bail, his application for regular bail shall be considered on the same day. (Chakradhari Sharan Singh, J) arun/- U