Amiri Singh vs The State Of Bihar
2021 Latest Caselaw 1478 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.33897 of 2020
       Arising Out of PS. Case No.-213 Year-2019 Thana- AURAI District- Muzaffarpur
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Amiri Singh, aged about 71 years, Gender-Male, Son of late Bhajju Singh, Resident of Village- Prem Nagar, Bhalura, P.S. - Aurai, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar .

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

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the State : Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ravi Ranjan, learned counsel for the

petitioner and Mr. Choubey Jawahar, learned Additional Public

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

3. The petitioner apprehends arrest in Aurai PS

Case No. 213 of 2019 dated 25.08.2019, instituted under

Sections 272 and 273 of the Indian Penal Code and 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

his house 5.040 litres of foreign liquor was recovered.

5. Learned counsel for the petitioner submitted that

he is 71 years old having various health issues. It was submitted Patna High Court CR. MISC. No.33897 of 2020 dt.16-03-2021

that even the recovery, which is shown is from the joint house of

the petitioner and he is not the sole owner and that no family

member has either signed on the seizure list or copy of the same

has been given to them. It was submitted that the petitioner has

no criminal antecedent.

6. Learned APP submitted that the petitioner being

the head of the family, even if there are other partners in the

property, he is equally liable for the recovery. It was submitted

that since the recovery is from the house of the petitioner, the

present application is also not maintainable due to bar of Section

76(2) of the Act as clearly offence is made out under 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.

Recovery being shown from the house of the petitioner, prima

facie, offence is made out under the Act. Thus, the present

application under Section 438 of the Code of Criminal

Procedure, 1973, would not be maintainable due to bar of

Section 76(2) of the Act.

8. Accordingly, the application stands disposed off

as not maintainable.

9. Having regard to the submission of learned Patna High Court CR. MISC. No.33897 of 2020 dt.16-03-2021

counsel for the petitioner, it is observed that if the petitioner

appears before the Court below and seeks bail, within four

weeks from today, the same shall be considered on its own

merits, in accordance with law, without being prejudiced by the

present order.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T