Piyush Kumar @ Golu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4066 of 2017 Arising Out of PS.Case No. -318 Year- 2016 Thana -SHRIKRISHNAPURI District- PATNA ======================================================

1. Piyush Kumar @ Golu Pandey, S/o Shailendra Kumar Pandey, Resident of Village- Mainpura, beside street of Government School, P.S. Patliputra District- Patna .... Petitioner

Versus

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

For the Petitioner : Mr. Aditya Narayan Singh-1, Adv. For the Opposite Party : Mr. Chandra Bhushan Prasad, APP 92 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-02-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Section 30(a) of the Bihar Prohibition and Excise Act, registered for the offence, dated 11.12.2016.

Foreign liquor was recovered from the possession of two other accused, who disclosed the name of this petitioner as co-culprit.

Submission of the petitioner is that only material is against the petitioner is confession of the coaccused before the police. In view of the provision of Section 76 of the Bihar Prohibition and Excise Act, the anticipatory bail application is not maintainable.

Hence, it is dismissed as not maintainable.

(Birendra Kumar, J) SA/- U √ T √