Sunil Ray @ Sunil Kumar Ray @ Pannu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71835 of 2023 Arising Out of PS. Case No.-147 Year-2021 Thana- Excise P.S. District- Samastipur ====================================================== SUNIL RAY @ SUNIL KUMAR RAY @ PANNU SON OF RAM SAGAR RAY R/O VILLAGE- MAHAMADPUR BIRAULI, P.S.- PUSA, DISTRICTSAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aprajita, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-11-2023 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 Excise Case No. 147 of 2021 registered for the offence punishable under Section-30(a) of the Bihar Prohibition and Excise Act, 2018.

Allegedly, 36 litres liquor is said to have been recovered from behind the house of the petitioner. Learned counsel for the petitioner has submitted that he is a person of clean antecedent. It has further been submitted that the place wherefrom the liquor was recovered is easily accessible to any person. Nothing has been recovered from conscious possession of the petitioner.

Patna High Court CR. MISC. No.71835 of 2023(2) dt.07-11-2023 2/2 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 into account 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