Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2983 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- RUPAULI District- Purnia ====================================================== Prakash Mandal, aged about 55 years, male, son of Late Chandra Mandal, r/o village- Gwalpara Madrouni, PS- Rupauli, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Rupauli PS Case No.227 of 2023 dated 10.09.2023, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation is of recovery of 15 litres countrymade illicit wine from the fire-wood house situated on the south side adjacent to hand pump in the petitioner's house.

4. Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner and he has been falsely implicated in this case.

5. Learned APP has opposed the prayer for bail and submits that in view of Section 76(2) of the Bihar Prohibition

Patna High Court CR. MISC. No.2983 of 2024(2) dt.31-01-2024 2/2 and Excise Act, 2016, the anticipatory bail application is not maintainable.

6. Considering the fact that illicit liquor has been recovered from the house of the petitioner, I am not inclined to extend privilege of anticipatory bail to the petitioner.

7. Accordingly, prayer of the petitioner for grant of anticipatory bail is rejected.

8. The application stands dismissed.

(Khatim Reza, J) J. Alam/- U T