Rajkumar Chaudhary vs The State Of Bihar
2021 Latest Caselaw 3359 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 21788 of 2021
      Arising Out of PS Case No.-281 Year-2020 Thana- KAWAKOLE District- Nawada
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Rajkumar Chaudhary, aged about 48 years, Male Son of Sukhdeo Chaudhary, Resident of Village - Barraji, PS- Kawakole, District- Nawada.

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

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

For the Petitioner/s : Mr. Nasrul Hoda Khan, Advocate For the State : Mr. Aditya Narayan Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-07-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner on

06.07.2021, which was allowed.

3. Heard Mr. Nasrul Hoda Khan, learned counsel for the

petitioner and Mr. Aditya Narayan Singh No. 1, learned Additional

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

State.

4. The petitioner apprehends arrest in connection with

Kawakole PS Case No. 281 of 2020 dated 17.08.2020, 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.21788 of 2021 dt.13-07-2021

5. The allegation against the petitioner is that from his

house when police on information went there, two people were

seen running away and from the house, 3 litres of countrymade

liquor was recovered.

6. Learned counsel for the petitioner submitted that the

recovery is not from the area which was in the exclusive

possession of the petitioner and further, it is not from the

conscious possession of the petitioner. Learned counsel submitted

that the petitioner has no connection with the recovered liquor and

even the allegation of recovery is not correct as he has been

falsely implicated due to local village politics, having no other

criminal antecedent.

7. Learned APP submitted that recovery of liquor from

the house of the petitioner, as alleged in the FIR, would constitute

an offence is made out under the Act and the bar of Section 76(2)

of the Act would come into play and the present petition under

Section 438 of the Code of Criminal Procedure, 1973 would not

be maintainable.

8. 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 there is

alleged recovery from the house of the petitioner, prima facie, an Patna High Court CR. MISC. No.21788 of 2021 dt.13-07-2021

offence is made out under the Act and, thus, the bar of Section

76(2) of the Act would be applicable in the present case.

9. For reasons aforesaid, the petition stands dismissed as

not maintainable.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T