Shrawan Paswan vs The State Of Bihar
2021 Latest Caselaw 1419 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32848 of 2020
   Arising Out of Complaint Case No.-84 Year-2020 Thana- GOVERNMENT OFFICIAL
                            COMPLAINT District- Begusarai
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Shrawan Paswan, Male, aged about 25 years, Son of Ranjit Paswan, Resident of Village - Gardhpura, Ward No. -15, PS - Gardhpura, District - Begusarai.

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

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

For the Petitioner/s : Mr. Yogesh Kumar, Advocate For the State : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Yogesh Kumar, learned counsel for the

petitioner and Mr. Mukeshwar Dayal, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Case No. 84C2 of 2020 dated 16.05.2020, instituted under

Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act,

2016 (hereinafter referred to as the 'Act').

Patna High Court CR. MISC. No.32848 of 2020 dt.12-03-2021

4. The allegation against the petitioner is that from the

courtyard in front of his house 7 litres of mahua wine, 5 kgs. of

fragmented mahua, one machine, one gas stove and one cylinder

was recovered.

5. Learned counsel for the petitioner submitted that it

was a joint house and not in exclusive possession of the petitioner.

6. Learned APP submitted that, at this stage, the Court

would not go into the defence of the petitioner as the present

application itself is not maintainable in view of bar of Section

76(2) of the Act which prohibits an application under Section 438

of the Code of Criminal Procedure, 1973.

7. Having considered the matter, the Court finds

substance in the objection of learned APP. The allegation that

liquor was recovered from the courtyard of the petitioner, prima

facie, offence is made out under the Act and, thus, the application

for grant of pre-arrest bail would not be maintainable.

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

not maintainable.

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

petitioner, the Court would observe that if the petitioner appears

before the Court below and prays for bail, within four weeks from

today, the same shall be considered on its own merits, in Patna High Court CR. MISC. No.32848 of 2020 dt.12-03-2021

accordance with law, without being prejudiced by the present

order.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T