Sanjay Choudhary vs The State Of Bihar
2021 Latest Caselaw 1201 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31872 of 2020
    Arising Out of PS Case No.-132 Year-2020 Thana- MOHIUDDIN NAGAR District-
                                      Samastipur
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Sanjay Choudhary, Male aged about 35 years, Son of Lalu Yadav, Resident of Sivaisinghpur, PS Mohiuddin Nagar, District - Samastipur.

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

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the State : Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-03-2021

Heard Mr. Bijay Bhushan Prasad, learned counsel for

the petitioner and Ms. Anita Kumari Singh, learned Additional

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

State.

2. The petitioner apprehends arrest in connection with

Mohiuddin Nagar PS Case No. 132 of 2020 dated 10.04.2020,

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.31872 of 2020 dt.02-03-2021

3. The allegation against the petitioner is that from his

house, when police went to raid on secret information, 19.250

litres of Indian Made Foreign Liquor was recovered.

4. Learned APP at the outset, raised a preliminary

objection and submitted that the application is not maintainable

due to bar of Section 76 (2) of the Act, which prohibits an

application for grant of anticipatory bail under Section 438 of the

Code of Criminal Procedure, 1973. It was submitted that since the

seizure has been effected from the house of the petitioner, an

offence is made out under the Act and, thus, the bar would apply.

5. Learned counsel for the petitioner could not meet the

objection.

6. Having considered the facts and circumstances of the

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

finds substance in the objection of learned APP. The recovery

being made from the house of the petitioner, prima facie an

offence is made out under the Act and thus the bar of Section 76

(2) of the Act would apply.

7. Accordingly, the application stands disposed off as not

maintainable.

8. However, on prayer made by learned counsel for the

petitioner, it is observed that if the petitioner appears before the Patna High Court CR. MISC. No.31872 of 2020 dt.02-03-2021

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.)

Anand Kr.

AFR/NAFR U T