Raja Janak Kumar Sinha vs The State Of Bihar
2021 Latest Caselaw 3106 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 37147 of 2020
      Arising Out of PS. Case No.-204 Year-2020 Thana- BANKA District-Bhagalpur
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Raja Janak Kumar Sinha, aged about 23 years, Gender-Male, son of Jaypal Kumar @ Jaypal Kumar Sinha, resident of Pramila Bhawan, Chhatrapati Talab Road, Kalabganj Aara Mill, Mirchak, P.S.-Mojahidpur, District- Bhagalpur

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

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

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate For the State : Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 06-07-2021

The matter has been heard via video conferencing.

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

the petitioner and Mr. Arvind Kumar Pandey, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

3. The petitioner apprehends arrest in connection with

Banka PS Case No. 204 of 2020 dated 11.03.2020, 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

pick-up van, 675.900 litres of liquor, 25 bags of rice each

containing 25 kgs., totaling 625 kgs. was recovered and the Patna High Court CR. MISC. No. 37147 of 2020 dt.06-07-2021

driver managed to escape under cover of darkness.

5. Learned counsel for the petitioner submitted that he

was not caught at the spot and he was not driving the pick-up

van and even if there is recovery, he was neither aware of it nor

is responsible for the same.

6. Learned APP submitted that the recovery is from

the vehicle of which the petitioner is the owner and, thus,

offence is made out under the Act. He submitted that once

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

petition under Section 438 of the Code of Criminal Procedure,

1973 would not be maintainable in view of bar of Section 76(2)

of the Act.

7. Having considered the facts and circumstances of

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

Court finds substance in the contention of learned APP. Once

from the vehicle owned by the petitioner, there is recovery of

huge quantity of liquor, an offence would be made out under the

Act and, thus, the bar of Section 76(2) of the Act would come

into play.

8. For reasons aforesaid, the petition stands dismissed.

9. However, in view of submission of learned counsel

for the petitioner, it is observed that if the petitioner appears Patna High Court CR. MISC. No. 37147 of 2020 dt.06-07-2021

before the Court below 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)

Anjani/-

AFR/NAFR U T