Kailash Prasad Yadav @ Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57571 of 2018 Arising Out of PS.Case No. -66 Year- 2018 Thana -BANKA District- BANKA ====================================================== Kailash Prasad Yadav @ Kailash Yadav S/o Mahendra Panjiyara, R/o Vill.- Mahadeo Kita, P.S.- Mahagama, District- Godda (Jharkhand). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Banka (Barahat) P.S. Case No. 66 of 2018 registered under Sections 30(a)(g) and 32(2) of the Bihar Prohibition & Excise Act, 2016.

The allegation against the petitioner is that being the owner of the Scorpio vehicle, he was indulged in trade of illicit liquor. On interception, form the vehicle of the petitioner 120 bottles of Royal Stag each containing 750ml liquor was recovered.

Regard being had to the allegation made in the FIR as also the provisions prescribed under sub-section (2) of Section 76 of the Bihar Prohibition & Excise Act, 2016, I am not inclined

Patna High Court Cr.Misc. No.57571 of 2018 (2) dt.28-09-2018 2/2 to grant him pre-arrest bail. Accordingly, the application for grant of pre-arrest bail is rejected.

(Ashwani Kumar Singh, J.) Kanchan/SkSuman.s U T