Pramod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87451 of 2019 Arising Out of PS. Case No.-118 Year-2019 Thana- PARSA District- Saran ====================================================== 1.

Pramod Mahto Son of Jaylal Mahto 2.

Mantu Sah Son of Goden Sah Bothe are resident of Village - Kishunpur, P.S.- Bheldi, Dist.- Saran. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-02-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Parsa P.S. Case No. 118 of 2019 registered for the offences punishable under Sections 414/34 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016. The police got confidential information that illicit Indian made foreign liquor is being carried on a vehicle by the petitioners and two others and having got the aforesaid information, police intercepted the vehicle but petitioners and one other are said to have escaped from there whereas one coaccused was apprehended by the police. The aforesaid

Patna High Court CR. MISC. No.87451 of 2019(2) dt.24-02-2020 2/2 apprehended accused disclosed that petitioners were also with him.

Learned counsel appearing for the petitioners submits that nothing was recovered from possession of the petitioners and, therefore, no case under Section 30(a) of Bihar Prohibition and Excise Act, 2016 is made out but I am unable to accept the aforesaid contention because the person who was caught with illicit liquor disclosed that petitioners were also with him while the illicit liquor was being carried. Therefore, in the aforesaid facts and circumstances, in my view, this petition is hit by Section 76(2) of Bihar Prohibition and Excise Act, 2018 and accordingly, this petition stands dismissed being not maintainable.

However, if petitioners surrender before the court below within six weeks and seek regular bail, the concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this order. (Hemant Kumar Srivastava, J) shahzad/- U T