Sidheshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29081 of 2017 Arising Out of PS.Case No. -214 Year- 2017 Thana -CHAPRA TOWN District- SARAN ====================================================== Sidheshwar Rai Son of late Kedar Rai Resident of Village- Rouza Pokhra, Police Station- Chapra Town, District Saran (Chapra). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sachida Nand Rai, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with a case registered under Section 30 (a) of the abihar Prohibition and Excise Act, 2016.

Allegation in brief is that the petitioner was selling illegal wine nor a petrol pump saying the police asked away and recovery of 130 litres was made.

Learned counsel appearing on behalf of the petitioner submits that there is no recovery from conscious possession of the petitioner.

Having considered the said facts and circumstances, as anticipatory bail petition is not maintainable in view of Section 76(2) of Bihar Excise Act, so this anticipatory bail petition is

Patna High Court Cr.Misc. No.29081 of 2017 (2) dt.01-07-2017 2/2 dismissed. However, the petitioner may surrender and seek regular bail. The same shall be considered on its own merit without being prejudiced by this order.

(Arun Kumar, J) N.H./- U T