Vakil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87217 of 2019 Arising Out of PS. Case No.-516 Year-2019 Thana- MANER District- Patna ====================================================== Vakil Rai Son of Jairam Rai @ Jai Kisun Rai R/O - Heera Tola, Sherpur, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Maner P.S. case No. 516 of 2019 has been registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 and the allegation against the petitioner is that huge quantity of Indian made foreign liquor was recovered from the hut of the petitioner. I am of the view, this petition is barred by Section 76(2) of the Bihar Prohibition and Excise Act, 2016 and, accordingly, this petition stands dismissed being not maintainable.

However, petitioner is directed to surrender before the court below within six weeks from today and if he does so and seeks regular bail, the concerned court shall consider the regular

Patna High Court CR. MISC. No.87217 of 2019(2) dt.14-02-2020 2/2 bail petition of the petitioner on its own merit without being prejudiced by this order.

(Hemant Kumar Srivastava, J) Spd/- U T