Ajay Sao @ Ajay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86027 of 2019 Arising Out of PS. Case No.-249 Year-2018 Thana- GOH District- Aurangabad ====================================================== AJAY SAO @ AJAY KUMAR GUPTA Son of Mathura Sao Resident of Village - Sagahi, P.S.- Sherghati, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore Mrs. Rupa Kumari For the Opposite Party/s :

Mr.Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned senior counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Goh P.S. Case No. 249 of 2018 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of huge quantity of illicit liquor from the poultry farm of the petitioner as also from his house.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent.

Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for

Patna High Court CR. MISC. No.86027 of 2019(2) dt.23-01-2020 2/2 the petitioner, this Court is of the view that since the illicit liquor has been recovered from the poultry farm and the house of the petitioner, it cannot be said that the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted in the present case, hence the present petition is not maintainable on account of the bar under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, thus the present petition stands dismissed.

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