Rahul Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85921 of 2019 Arising Out of PS. Case No.-627 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== Rahul Raj, Son of Anirudh Mandal, Resident of Village-Dumariya Ward No.13, P.S.-Narpatganj, District-Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Narpatganj P.S. Case No.627 of 2019 for the offence punishable under Sections 30(a), 38(2) of the Bihar Prohibition and Excise Act, 2016.

In view of the observations of this Court calling for a clarification as to whether codeine which has been allegedly seized from the house of this petitioner would be covered within the meaning of 'intoxicant' under the Bihar Prohibition and Excise Act, 2016, the I.O. of the case is present and has filed an affidavit explaining the same with a notification dated 18th October, 2016. According to this notification the codeine would

Patna High Court CR. MISC. No.85921 of 2019(2) dt.20-01-2020 2/2 be covered as an intoxicant. The petitioner has got criminal history of similar nature of offence, however, he is in custody only since 11.11.2019, at this stage, this Court is not inclined to grant him regular bail. Prayer is refused.

He may, however, renew his prayer for bail after a reasonable period.

(Rajeev Ranjan Prasad, J) arvind/- U T