This case was filled by Mithilesh Yadav, aged about 46 years, Male Son of Fekan Yadav, Resident of Village- Kabaila Chak, Ward No 10 Rampur, PS- Sour Bazar, District Saharsa against the State of Bihar. The Judgment in Mithilesh Yadav v. State of Bihar (Citation: CR. MISC. No.36567 of 2020 ) was delivered by HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH.

The petitioner apprehends arrest in connection with Sour Bazar PS Case No. 252 of 2020 dated 02.07.2020, instituted under Sections 272, 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner is that when police on information that liquor was being kept behind a bush reached the spot with the local Chowkidar, a person was seeing carrying a carton but he left the carton and ran away and the Chowkidar had identified him to be the petitioner and from the carton, 45 bottles of one brand and 18 bottles of another brand liquor totalling 11.34 litres has been recovered.

The Court held that in view of the facts and arguments submitted by the parties there is some substance in the contention of learned APP ans since the Chowkidar has identified the petitioner, obviously, prima facie an offence is made out under the Act and bar of section 76(2) of the Act would apply. Consequently the petition was disposed of. However, on submission of learned counsel for the petitioner, it is observed that in the event the petitioner appears before the Court below and prays for bail, the same shall be considered, on its own merits, in accordance with law, without being prejudiced by the present order.


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