BAHARAN ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the order dated 01.02.2018, passed by the learned 2nd Additional Sessions Judge-Cum-Special Court (Excise Act) , Siwan in connection with Siwan Town P.S. Case No. 568 of 2017, whereby the application preferred on behalf of the petitioner for grant of statutory bail under the provisions of Section 167(2) of the Code of Criminal Procedure, 1973 (in short "the Cr.P.C.") has been rejected on the ground that the investigation was completed much before the expiry of 90 days, but the charge-sheet was submitted on the ninetieth day in the second hour, thereby extinguishing the claim of the petitioner for grant of statutory bail under Section 167(2) of the Cr.P.C.

(2.) The short facts necessary for disposal of this case are as hereunder.

(3.) Siwan Town P.S. Case No. 568 of 2017 was instituted for the offences punishable under Sections 30, 36 and 41 of the Bihar Prohibition and Excise Act, 2016 (in short "the Act") with the allegation that on a tip-off that the petitioner is indulging in sale and purchase of prohibited liquor in his house, a raid was conducted, when one person was seen running away from the house. From the premises of the residential house of the petitioner, 18 boxes, each containing 48 plastics bottles of 180 ml. whisky, meant to be sold in Arunachal Pradesh, was found. The aforesaid First Information Report was instituted on 14.10.2017.