Mukesh Paswan vs The State Of Bihar
2021 Latest Caselaw 1032 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31757 of 2020
Arising Out of PS Case No.-368 Year-2020 Thana- TURKAULIYA District- East Champaran
======================================================

Mukesh Paswan, aged about 30 years (Male), Son of Jit Lal Paswan, Resident of Village - Raghunathpur, PS- Raghunathpur OP (Turkauliya), District - East Champaran.

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

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

For the Petitioner/s    :       Mr. Anil Kumar, Advocate
For the State           :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-02-2021

Heard Anil Kumar, learned counsel for the petitioner

and Mr. Md. Arif, learned In-charge Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Turkauliya (Raghunathpur) PS Case No. 368 of 2020 dated

17.06.2020 instituted under Sections 272 and 273 of the Indian

Penal Code and Section 30 (a) of the Bihar Prohibition and Excise

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

3. The allegation against the petitioner is that from his

house, upon search, 30 litres of countrymade liquor was recovered.

Patna High Court CR. MISC. No.31757 of 2020 dt.20-02-2021

4. Learned counsel for the petitioner submitted that the

recovery is from the joint house of the petitioner and not from his

exclusive and conscious possession.

5. Learned APP raised a preliminary objection and

submitted that the present application is not maintainable, in view

of the bar under Section 76 (2) of the Act, as the offence is made

out under the Act.

6. Having considered the facts and circumstances of the

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

finds substance in the objection of learned APP.

7. Since, as per the allegation, recovery has been made

from the house of the petitioner, an offence is made out under the

Act and, thus, the present application under Section 438 of the

Code of Criminal Procedure, 1973 is not maintainable.

8. In view thereof, the application stands disposed off as

not maintainable.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T