Suraj Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11835 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -AGAMKUAN District- PATNA ======================================================

1. Suraj Pandey Son of Sri Dharmnath Pandey, Resident of MIG Sector 6, Block No. 3, Flat No. 90, Bahadurpur Housing Colony, Police Station Agamkuan, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Bijpuria For the Opposite Party/s : Mr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-03-2017 The petitioner is apprehending his arrest in connection with Agamkuan P.S. Case No. 31 of 2017, registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Nothing has been recovered either from the house of the petitioner or from his conscious possession and so far recovery of motorcycle is concerned, the same does not belong to the petitioner as such no case under Bihar Prohibition and Excise Act is made out. Heard learned A.P.P. also.

Having heard both sides, in view of the Section 76(2) of Bihar Prohibition and Excise Act, application of Section 438

Patna High Court Cr.Misc. No.11835 of 2017 (2) dt.22-03-2017 2/2 Cr.P.C is barred as such let petitioner surrender before the court below and pray for bail on the basis of above submissions and learned Court below after considering the above submissions of the petitioner, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U T