Rajiv Kumar @ Rajiv Sah vs The State Of Bihar
2021 Latest Caselaw 785 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.31723 of 2020
     Arising Out of PS. Case No.-155 Year-2020 Thana- BHAWANIPUR District- Purnia
 ======================================================

Rajiv Kumar @ Rajiv Sah, aged about 43 years (male), son of Dhoray Sah, R/o Near Sarvoday Ashram, Bhawanipur, P.S.- Bhawanipur, District - Purnia.

... ... Petitioner/s

Versus

The State of Bihar

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the State : Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ashok Kumar Jha, learned counsel for

the petitioner and Ms. Veena Kumari Jaiswal, learned Additional

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

State.

3. The petitioner apprehends arrest in connection with

Bhawanipur PS Case No.155 of 2020 dated 27.07.2020,

instituted under Section 30(a) of the Bihar Prohibition and

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

4. The allegation against the petitioner is that from his

Scorpio vehicle 93.750 litres of liquor was recovered.

5. Learned APP raised a preliminary objection with

regard to the maintainability of the application. She submitted Patna High Court CR. MISC. No.31723 of 2020 dt.09-02-2021

that in view of bar of section 76(2) of the Act, the present

application is not maintainable as the offence under the Act is

made out, inasmuch as, admittedly, the vehicle from which

recovery has been made is owned by the petitioner.

6. Having considered the matter, the Court finds

substance in the objection of the learned APP. As the vehicle

from which recovery is alleged to have been made is owned by

the petitioner, prima facie, an offence is made out under the Act

and, thus, the present application for grant of pre-arrest bail

would not be maintainable.

7. In view thereof, the application stands disposed of

as not maintainable.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T