Amrika Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3798 of 2017 Arising Out of PS.Case No. -262 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Amrika Paswan, S/o Rambir Paswan, Resident of Village- Sugaon Dhangar Toli, P.S. Sugauli, District- East Champarn. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dharmendra Kumar Paswan For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016.

30 litres of country made mahua liquor was allegedly recovered from the house of the petitioner on 18.11.2016. Submission of the learned counsel for the petitioner is that on the alleged date of recovery, the petitioner was at Pathankot. Moreover, the name of the petitioner does not appear in seizure list prepared in this case. There is only presumption against this petitioner.

This anticipatory bail is not maintainable in view of the provisions contained in Section 76 of the Bihar Prohibition and Excise Act, 2016, which came into effect on 2nd November, 2016. Hence, the anticipatory bail application in connection with Sugauli P.S. Case No. 262 of 2016 pending in the court of

Patna High Court Cr.Misc. No.3798 of 2017 (2) dt.17-02-2017 2/2 learned C.J.M., East Champaran (Motihari) stands dismissed as not maintainable.

(Birendra Kumar, J) BTiwary/- U T