Balram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64693 of 2018 Arising Out of GOVERNMENT OFFICIAL Case No.-66 Year-2018 District- Madhubani ====================================================== Balram Yadav, Son of Deo Narayan Yadav, Resident of Village Belahi (Pipara Tole), P.S.- Jainagar District- Madhubani. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s :

Sri Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with G.O. Case No. 66 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per prosecution report, two motorcycles were intercepted by SSB Jawan. One person was apprehended whereas another occupant of the motorcycle managed to escape. On search, the police seized 600 bottles of Nepali wine from those two motorcycles. The person arrested disclosed the name of the petitioner as the person who had managed to escape. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated. He has no concern either with the motorcycle recovered by the police or with

Patna High Court Cr.Misc. No.64693 of 2018(2) dt.12-12-2018 2/2 seized wine.

Be that as it may, considering the nature of allegation as also the provisions prescribed under sub-section

(2) of Section 76 of the Bihar Prohibition & Excise Act, 2016, the instant application is not maintainable. It is dismissed, accordingly.

(Ashwani Kumar Singh, J) kanchan/- U T