Laxmi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85051 of 2019 Arising Out of PS. Case No.-269 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== LAXMI SINGH Son of Late Raksha Singh Resident of Village - Chapardah, P.S.- Magadh Medical, Distt.- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Magadh Medical P.S. Case No. 269 of 2019 for the offence registered under Section 30(a) (d) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of huge quantity of Mahua flower from the shop of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case.

Having regard to the facts and circumstances of the case and considering the fact that it cannot be said that no offence is made out under the provisions of the Bihar

Patna High Court CR. MISC. No.85051 of 2019(2) dt.20-12-2019 2/2 Prohibition and Excise Act, 2016, the present anticipatory bail is not maintainable in view of the bar under Section 76 subclause (2) of the Bihar Prohibition and Excise Act, 2016, hence the present petition stands dismissed.

However, in case the petitioner surrenders before the learned court below within a period of four weeks from today, the learned court below shall consider the regular bail petition of the petitioner and dispose off the same on the very same day. The petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U T