Prabhu Munda @ Prabhu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71954 of 2023 Arising Out of PS. Case No.-137 Year-2022 Thana- LAUKARIA District- West Champaran ====================================================== PRABHU MUNDA @ PRABHU MAHTO Son of Vishun Munda Resident of village - Barwa Khurd, Police Station - Laukaria, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-11-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Lukaria P.S. Case No. 137 of 2022 registered for the offence punishable under Section-30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegedly, the petitioner was found involved in manufacturing of liquor and a total of 18 litre country-made liquor and 250 litre solution's is said to have been recovered near the his house.

Learned counsel for the petitioner has submitted that he is a person of clean antecedent. It has further been submitted nothing has been recovered from conscious possession of the

Patna High Court CR. MISC. No.71954 of 2023(2) dt.08-11-2023 2/2 petitioner.

Be that as it may, Section 76(2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr. P.C. hence it is not maintainable.

If the petitioner surrenders in the court below and seeks regular bail, the same shall be considered and disposed of on its own merit on the same day, without being prejudiced by this order. The learned court below shall take notice of the fact that the petitioner is a person of clean antecedent. With the aforesaid observations, the application stands disposed of.

(Nawneet Kumar Pandey, J) A.K.V.//- U T