Shyam Babu Dhirkal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25203 of 2017 Arising Out of PS.Case No. -1048 Year- 2016 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ====================================================== Shyam Babu Dhirkal Son of Late Badrikal R/o Village - Amri Colony, P.S. - Sasaram (M), District - Rohtas at Sasaram.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam, Ad. For the Opposite Party/s : Sri Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sasaram (Mufassil) P. S. Case No. 1048 of 2016 registered under Sections 47(a), 53(a) and 53(b) of Bihar Excise Amendment Act, 2016.

Keeping in mind recovery of 740 pouches of 200ml. countrymade liquor behind the house of the petitioner and the provisions prescribed under sub-section (2) of Section 76 of the Bihar Prohibition and Excise Act, 2016, I am not inclined to entertain the present application under Section 438 of the Code of Criminal Procedure. Accordingly, the application for grant of pre-arrest bail is rejected.

(Ashwani Kumar Singh, J.) Kanchan/- U T