RAKESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant petition, petitioner has prayed for the following reliefs:-

(2.) Petitioner-Rakesh Kumar @ Rakesh Kumar Singh @ Raku stated to be the owner of Hotel Chandralok Continental, Muzaffarpur situated over Khata No. 140, Khesra No. 45(Ka), (Kha), (Ga), 46(Ka), (Kha), (Ga) having an area of 0.3090 hectares was given in lease in favour of Md. Rizwanul Haque. During the lease period lease holder, Md. Rizwanul Haque or his employees stated to be in possession of illegal liquor to the extent of 2.25 litres of foreign liquor and it was seized on 17/8/2016 and case was registered for the offences under the Excise Act. The petitioner who was an owner and lessor has been arrayed as co-accused.

(3.) Feeling aggrieved by the Excise Case No. 239 of 2016 registered for the offences under Ss. 47(a), 53(c) and 54 and 57 of Bihar Excise Act, 2015 as amended by the Bihar Prohibition and Excise Act, 2016 and it was pending consideration on the file of Chief Judicial Magistrate, Muzaffarpur. Petitioner filed petition under Sec. 482 of Cr.P.C insofar as quashing the entire proceedings arising out of Excise Case No. 239 of 2016 in Criminal Writ Petition Case No. 939 of 2016 bearing Thana Number- Government Official Complaint, District ' Muzaffarpur.