Shikandar Mandal @ Sikandar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87246 of 2019 Arising Out of PS. Case No.-209 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Bhagalpur ====================================================== Shikandar Mandal @ Sikandar Mandal Son of Late Brij Mohan Mandal Resident of Village - Bishanpur Jichho, P.S.- Lodipur, District - Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== 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 Excise Case No. 209 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

According to prosecution case, recovery of illicit liquor was made from Bhusa Ghar of the petitioner and, therefore, 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 petitioner surrenders before the court below within six weeks and seeks regular bail, the concerned

Patna High Court CR. MISC. No.87246 of 2019(2) dt.24-02-2020 2/2 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