Rahul Kumar vs The State Of Bihar
2021 Latest Caselaw 1600 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.33923 of 2020
          Arising Out of PS. Case No.-93 Year-2020 Thana- MAKER District- Saran
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Rahul Kumar, aged about 22 years, gender- male, Son of Paspati Sahni, Resident of Village- Badhichak, P.S.- Maker, District- Saran.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the State : Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-03-2021

The matter has been heard via video conferencing.

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

petitioner and Ms. Gulnar Begum, learned Additional Public

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

3. The petitioner apprehends arrest in connection

with Maker PS Case No. 93 of 2020 dated 22.07.2020,

instituted under Sections 30/30(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 hut near his house, 100 litres of countrymade Mahua wine

was recovered.

5. Learned counsel for the petitioner submitted that

the hut does not belong to the petitioner and he is not

responsible for such recovery. It was submitted that the Patna High Court CR. MISC. No.33923 of 2020 dt.22-03-2021

petitioner is a young student having no criminal antecedent.

6. Learned APP raised a preliminary objection and

submitted that the application is not maintainable in view of

bar of Section 76(2) of the Act. It was submitted that the

allegation being that the hut was near the house, prima facie, a

case 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. The

allegation being that on secret information with regard to the

petitioner being involved in liquor business, when the police

went, in the hut near his house, 100 litres of countrymade

Mahua liquor was recovered, an offence is made out under the

Act and, thus, the present application would not be

maintainable.

8. Accordingly, the application stands disposed off as

not maintainable.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T