Monu Thakur @ Ashish Anand vs The State Of Bihar
2021 Latest Caselaw 1203 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31867 of 2020
     Arising Out of PS Case No.-89 Year-2020 Thana- KHANPUR District- Samastipur
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Monu Thakur @ Ashish Anand, aged about 23 years (Male) Son of Late Ram Suresh Thakur, Resident of Village - Sadipur, Ward No. -7, Police Station - Khanpur, District - Samastipur.

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

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

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

Heard Mr. Pramod Kumar Singh, 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

Khanpur PS Case No. 89 of 2020 dated 30.06.2020, instituted

under Section 30(a) of the Bihar Prohibition and Excise Act, 2016

(hereinafter referred to as the 'Act').

3. The allegation against the petitioner is that from his

house 130 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 in

view of bar of Section 76(2) of the Act which does not permit an Patna High Court CR. MISC. No.31867 of 2020 dt.02-03-2021

application for grant of anticipatory bail under Section 438 of the

Code of Criminal Procedure, 1973.

5. It was submitted that recovery from the house of the

petitioner clearly constitutes an offence under the Act.

6. Learned counsel for the petitioner could not meet the

objection.

7. The Court finds substance in the objection of learned

APP.

8. Accordingly, the application stands disposed off as not

maintainable.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T