Sohan Chaudhary vs The State Of Bihar
2021 Latest Caselaw 1969 Patna

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.34674 of 2020
      Arising Out of PS. Case No.-29 Year-2019 Thana- MAGADH MEDICAL COLLEGE
                                        District- Gaya
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Sohan Chaudhary aged about 28 years (male) son of late Sarjug Chaudhary, resident of Village-Parasawan, Nawadih, P.S. - Magadh Medical, District - Gaya.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar, Advocate For the State : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Vinod Kumar, learned counsel for the

petitioner and Mr. Bhanu Pratap Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner apprehends arrest in connection with

Magadh Medical P.S. Case No. 29 of 2019 dated 27.01.2019,

instituted under Sections 30(a)(d) of the Bihar Prohibition and

Excise Act, 2016 (hereinafter referred to as the 'Act').

4. The allegation against the petitioner is that from his

house 1.5 litres of country made liquor was recovered.

5. Learned counsel for the petitioner submitted that Patna High Court CR. MISC. No.34674 of 2020 dt.28-04-2021

the petitioner was not found at his house when the police had

conducted the raid and it is the joint house of the petitioner with

other family members and the recovery cannot be attributed to

him. It was further submitted that petitioner has no criminal

antecedent.

6. Learned APP submitted that from the house owned

by the petitioner, there is recovery of country made liquor and

thus, the present application is not maintainable in view of bar

of Section 76(2) of the Act.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court finds substance in the contention of learned APP. As

there is recovery of liquor from the house of the petitioner, the

present application under Section 438(2) of the Code of

Criminal Procedure, 1973 would not be maintainable.

8. In view thereof, the application stands disposed off

as not maintainable.

(Ahsanuddin Amanullah, J.)

Shageer/-

AFR/NAFR U T