Sunil Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65789 of 2024 Arising Out of PS. Case No.-660 Year-2024 Thana- Excise P.S. District- Jamui ====================================================== Sunil Thakur Son of Late Girija Thakur village- Lagma, ps- Jamui, DistJamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-12-2024 Heard Mr. Sanjay Kumar Mishra, learned counsel for the petitioner and Mr. Dr. M. K. Gautam, learned APP for the State.

2. The petitioner apprehends his arrest in connection with JAM P.S. Case No.660/ 2024 dated 16.06.2024 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition & Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that though the petitioner is named in the F.I.R. but he has been made accused at the instance of coaccused, Amit Kumar, who was arrested on suspicion and the instant matter relates to the recovery of only 5.250 litres of foreign liquor.

4. Learned APP appearing for the State opposes the bail prayer of the petitioner and submits that in view of the provisions under section 76(2) of the Bihar Prohibition & Excise Act this petition is not maintainable as the petitioner remained involved in two cases of similar nature of offence in

Patna High Court CR. MISC. No.65789 of 2024(3) dt.16-12-2024 2/2 addition to the present matter and the case is under investigation.

5. Heard both the sides, perused the F.I.R. and the order impugned.

6. As per the F.I.R., the petitioner's son, Amit Kumar, aged about 17 years, was apprehended with alleged foreign liquor who disclosed that his father (the petitioner) was also involved in selling of the alleged foreign liquor and against this petitioner, there are two criminal antecedents of similar nature of offence and the case is under investigation and in view of these circumstances, this court is not persuaded to form the opinion that the alleged offence under the Excise Act is not attracted against this petitioner, even prima facie, so, in view of the provisions under section 76(2) of the Bihar Prohibition & Excise Act, this court finds the petitioner's prayer to be not maintainable and the same stands dismissed.

(Shailendra Singh, J) BKS/- U T