Sagar Kumar vs The State Of Bihar
2021 Latest Caselaw 779 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31704 of 2020

  Arising Out of PS Case No.-799 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
                                     District- Gaya

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Sagar Kumar, aged about 34 years, Male, Son of Lakshmi Saw, Resident of Village - Kurthoul, PS- Parsa Bazar, District - Patna.

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

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

For the Petitioner/s : Mr. Vinod Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

Date : 09-02-2021

The matter has been heard via video conferencing.

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

petitioner and Mr. Jharkhandi Upadhyay, learned In-charge

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

for the State.

3. The petitioner apprehends arrest in connection with

Excise Case No. 799 of 2019 dated 25.12.2019, instituted under

Section 30(a) of the Bihar Prohibition and Excise Act, 2016

(hereinafter referred to as the 'Act').

Patna High Court CR. MISC. No.31704 of 2020 dt.09-02-2021

4. The allegation against the petitioner is that from the

Mahendra pick-up van which was owned by him, 135 litres of

foreign liquor was recovered.

5. Learned APP raised a preliminary objection and

submitted that the application is not maintainable in view of bar of

Section 76(2) of the Act which prohibits an application under

Section 438 of the Code of Criminal Procedure, 1973 for grant of

anticipatory bail. It was submitted that once the ownership of the

vehicle from which recovery is made is not in dispute, prima facie

offence is made out under the Act.

6. Having considered the matter, the Court finds

substance in the objection of learned APP. Once the vehicle from

which recovery of liquor has been made is owned by the

petitioner, offence under the Act is made out and, thus, the present

application for grant of pre-arrest bail shall not be maintainable.

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

not maintainable.

8. At this stage, learned counsel for the petitioner

submitted that he will surrender and pray for bail which may be

considered on its own merits.

9. Having regard to the aforesaid, the Court would only

observe that if the petitioner surrenders before the Court below Patna High Court CR. MISC. No.31704 of 2020 dt.09-02-2021

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