Setu Kumar @ Setu Singh vs The State Of Bihar
2021 Latest Caselaw 1455 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.33894 of 2020
  Arising Out of PS. Case No.-104 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
                                   District- Begusarai
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Setu Kumar @ Setu Singh, aged about 20 years, Sex-Male, Son of Gowardhan Singh @ Gowardhan Choudhary Resident of Village- Bagwara, Police Station- Muffasil (Singhaul O.P.), District- Begusarai.

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

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

For the Petitioner/s : Mr. Bipin Kumar, Advocate For the State : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15-03-2021

The matter has been heard via video conferencing.

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

petitioner and Mr. Dashrath Mehta, learned Additional Public

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

3. The petitioner apprehends arrest in connection with

Excise Case No. 104C2 of 2020 dated 23.06.2020, 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 the

land adjacent to the boundary of the house of the petitioner, under

the ground, upon search, 46.275 litres of illegal liquor was

recovered.

Patna High Court CR. MISC. No.33894 of 2020 dt.15-03-2021

5. Learned counsel for the petitioner submitted that the

recovery is from outside of the premises of the petitioner. It was

further submitted that the recovery has been made from the semi-

constructed house of the petitioner and that the petitioner has no

criminal antecedent.

6. Learned APP submitted that the recovery was from

the land in between the boundary and the house of the petitioner

i.e., within the premises and not outside the premises. Thus, it was

submitted that the present application is not 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. Since there is

allegation of recovery of liquor near the boundary of the house of

the petitioner, prima facie, offence is made out under the Act and

thus, the bar of Section 76(2) of the Act would come into play.

8. Accordingly, the application stands disposed off as not

maintainable.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T