Vinod Kumar Mahto vs The State Of Bihar
2021 Latest Caselaw 1609 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 32079 of 2020
        Arising Out of PS Case No.-61 Year-2020 Thana- LALIT NARAYAN UNIVERSITY
                                       District- Darbhanga
     ======================================================

1. Vinod Kumar Mahto, aged about 45 years, (Male) Son of Yogendra Mahto.

2. Ram Babu Mahto, aged about 37 years, (Male) Son of Yogendra Mahto.

3. Shyam Mahto, aged about 35 years, Son of Yogendra Mahto.

All resident of Village/Mohalla - Laxmisagar, Anand Kishori Nagar, Ward No. 15, PS - L.N.M.U. District - Darbhanga.

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

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

For the Petitioner/s : Mr. Md. Matloob Rab, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-03-2021

Heard Mr. Md. Matloob Rab, learned counsel for the

petitioners and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioners apprehend arrest in connection with

LNMU PS Case No. 61 of 2020 dated 27.02.2020, instituted under

Sections 272/273/353/34 of the Indian Penal Code and 30(a) of the

Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as

the 'Act').

Patna High Court CR. MISC. No.32079 of 2020 dt.22-03-2021

3. The allegation against the petitioners is that from their

house 54 litres of liquor was recovered and their father was caught

and he had also stated that he was into the business of liquor along

with his sons, i.e., the petitioners, who had escaped.

4. Learned counsel for the petitioners submitted that the

father was caught and the petitioners were not present at the spot

and that under police duress, he was made to confess in which he

has taken the name of all his sons. It was submitted that the

petitioners are separate in lodging and mess and have their own

separate business and have no connection with the recovered

liquor and further that they have no criminal antecedent.

5. Learned APP raised a preliminary objection and

submitted that the present application is not maintainable due to

bar of Section 76(2) of the Act as there has been recovery of liquor

from the house of the petitioners which prima facie constitutes an

offence under the Act.

6. Having considered the facts and circumstances of the

case and submission of learned counsel for the parties, the Court

finds substance in the contention of learned APP.

7. There being recovery from the house of the

petitioners, obviously offence is made out under the Act and the

present application is thus, not maintainable.

Patna High Court CR. MISC. No.32079 of 2020 dt.22-03-2021

8. Accordingly, the application stands disposed off as not

maintainable.

9. However, in view of submission of learned counsel

for the petitioners, it is observed that if the petitioners appear

before the Court below and pray for bail within four weeks from

today, the same shall be considered on its own merits, in

accordance with law, without being prejudice by the present order.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T