Manjay Chaudhary @ Manjay Kumar ... vs The State Of Bihar
2021 Latest Caselaw 1034 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31700 of 2020
  Arising Out of PS Case No.-682 Year-2019 Thana- HAJIPUR SADAR District- Vaishali
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Manjay Chaudhary @ Manjay Kumar Chaudhary, age 38 years, Male, Son of Bilas Chaudhary @ Ram Bilas Chaudhary, Resident of Village - Sirsauni Rajauli, PS- Hajipur Sadar, District - Vaishali.

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

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

For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate For the State : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-02-2021

Heard Mr. Ravindra Nath Dubey, learned counsel for

the petitioner and Mr. Uday Chand Prasad, learned Additional

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

State.

2. The petitioner apprehends arrest in connection with

Hajipur Sadar PS Case No. 682 of 2019 dated 17.10.2019,

instituted under 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 when the

police raided a number of shops, from the shop of the petitioner,

10 litres of mahua wine was recovered.

Patna High Court CR. MISC. No.31700 of 2020 dt.20-02-2021

4. At the outset, learned APP raised a preliminary

objection and submitted that in view of bar of Section 76(2) of the

Act, the present application for grant of anticipatory bail is not

maintainable as an offence is made out under the Act.

5. Learned counsel for the petitioner submitted that

similarly situated persons from whose shops also recovery has

been made have been granted bail by the Court below and the case

be disposed off with the observation that the case of the petitioner

for bail upon surrender be considered by the Court below.

6. Having regard to the aforesaid, the application stands

disposed off as not maintainable.

7. However, if the petitioner appears before the Court

below within four weeks from today and prays for bail, the same

shall be considered, on its own merits, in accordance with law,

without being prejudiced by the present order.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T