1. The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
2. Heard Mr. Yogesh Kumar, learned counsel for the petitioners and Mr. Surendra Prasad Singh, learned Additional Public Prosecutor (hereinafter
referred to as the ‘APP’) for the State.
3. The petitioners apprehend arrest in connection with Mufassil PS Case No. 18 of 2020 dated 17.01.2020 (GR No. 57 of 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 petitioners is that from their house there was recovery of 5 litres of mahua wine and 20 kgs. of jaggery mixture for
preparing country made liquor.
5. Learned counsel for the petitioners submitted that the house belongs to the father of petitioner no. 1, who is accused in another case of similar
nature, but the petitioners, who are son and mother, have no concern with such recovery and were not even aware of the seized articles. It was
further submitted that the petitioners have no criminal antecedent.
6. Learned APP submitted that the law stipulates that if anything is recovered, which is in contravention of the Act, the person from whose premises
such material is seized, would be liable and the house definitely belongs to the petitioners, they cannot claim innocence. It was further submitted that in
view of Section 76(2) of the Act, an application for grant of pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973 is not
maintainable and in the present case where there is direct allegation against the petitioners of recovery of illicit liquor and material for manufacturing
country-made liquor from their house, the present application would not be maintainable.
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 with regard to maintainability of the application.
8. Accordingly, the application stands dismissed as not maintainable.