Om Mandal @ Om Nandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87076 of 2019 Arising Out of PS. Case No.-812 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== Om Mandal @ Om Nandal S/o Late Janardan Mandal R/o Village- Vyam Thala Gali, P.S.- Kawaiya, Distt- Lakhisarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Md. Irshad For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Lakhisarai P.S. Case No. 812 of 2019 registered for the offences punishable under Sections 30(a), 38(ii) of Bihar Prohibition and Excise Act, 2016.

Submission on behalf of the petitioner is that so-called recovery is said to have been made from an abandoned house but taking note of this fact that according to prosecution case, the alleged recovery of Indian made foreign liquor has been made from the house of the petitioner, in my view, this petition is hit by Section 76(2) of Bihar Prohibition and Excise Act, 2016. Accordingly, this petition stands dismissed being not

Patna High Court CR. MISC. No.87076 of 2019(2) dt.20-02-2020 2/2 maintainable.

However, it is made clear that if petitioner surrenders before the court below and seeks regular bail within six weeks from today, the concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this rejection order.

(Hemant Kumar Srivastava, J) shahzad/- U T