Dharmjit Singh @ Dharamjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17487 of 2017 Arising Out of PS.Case No. -56 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictAURANGABAD pending in the Court of CJM, Aurangabad ======================================================

1. Dharmjit Singh @ Dharamjeet Singh S/o Satyendra Singh Resident of Village- Chura, P.S. Barun, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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

Accusation is that the petitioner was carrying a bag containing liquor, on a motorcycle. Seeing the police party he threw the bag as well as motorcycle and fled away. Submission of the informant is that in fact the motorcycle was parked there and the police arbitrarily took the same without instituting a case. Thereafter, the petitioner filed a petition before the learned Chief Judicial Magistrate for release of the vehicle on 23.02.2017 and on the same day prosecution report

Patna High Court Cr.Misc. No.17487 of 2017 (2) dt.20-04-2017 2/2 was sent by the authorities though the seizure was made on 10.02.2017.

Considering the fact that prima facie accusation of commission of offence under the provisions of Bihar Prohibition and Excise Act, 2016, is made out against the petitioner, in my view, this anticipatory bail application is not maintainable in view of the specific bar under Section 76 of the Bihar Prohibition and Excise Act, 2016. However, in the event of surrender of the petitioner, the Court-below shall not prejudice by the fact that the petitioner has moved this Court for anticipatory bail. Accordingly, the application stands dismissed. (Birendra Kumar, J) Mkr./- U T