Rajesh Bhagat @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.623 of 2020 Arising Out of PS. Case No.-1109 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Rajesh Bhagat @ Rajesh Kumar S/o Bhola Bhagat Resident of Dadar Koluha, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 1109 of 2019 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 30(a), 36, 38, 41 of Bihar Prohibition and Excise Act, 2016. According to prosecution case, in huge quantity Indian made foreign liquor was recovered behind the house of the petitioner.

In my view, this petition is hit by Section 76(2) of Bihar Prohibition and Excise Act, 2016 and accordingly, this petition stands dismissed being not maintainable. However, if petitioner surrenders and seeks regular

Patna High Court CR. MISC. No.623 of 2020(2) dt.24-02-2020 2/2 bail within six weeks, 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