Visheshwar Sahani vs The State Of Bihar
2021 Latest Caselaw 871 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31729 of 2020
  Arising Out of PS Case No.-209 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
                               District- East Champaran
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Visheshwar Sahani, aged about 35 years (M), Son of Bijli Mukhiya @ Bijali Mukhiya, Resident of Village-Basantpur, PS-Mufasil, District-East Champaran.

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

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

For the Petitioner/s : Mr. Abheshek Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Abheshek 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. 209 of 2020 dated 03.09.2020, instituted under

Sections 30(a) and 41(1) 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 and fields situated besides his house, 610 litres of spirit was

recovered.

Patna High Court CR. MISC. No.31729 of 2020 dt.12-02-2021

5. Learned APP raised a preliminary objection and

submitted that the present application is not maintainable in view

of bar of Section 76(2) of the Act which does not permit filing of

an application under Section 438 of the Code of Criminal

Procedure, 1973, for grant of pre-arrest bail.

6. Having considered the matter, the Court finds

substance in the objection of learned APP. In view of the

allegation of recovery of spirit from the house of the petitioner,

prima facie, case is made out under the Act and, thus, the present

application shall not be maintainable.

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

not maintainable.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T