LAWS(PAT)-2019-1-149

MANOJ KUMAR Vs. STATE OF BIHAR

Decided On January 10, 2019
MANOJ KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This writ petition has been filed by the petitioner for quashing the prosecution report dtd. 13/9/2016 filed under Sec. 78(4) of the Bihar Excise Act, 1915 by which the petitioner has been made accused in Excise Case No.CII-161 of 2016 instituted under Ss. 47(a), 54 and 57 of the Bihar Excise (Amendment) Act, 2016.

(3.) Mr. Satyabir Bharti, learned counsel for the petitioner submitted that from perusal of the prosecution report it would appear that there is no prima facie allegation to connect the petitioner with the offences alleged. He submitted that the prosecution report would reveal that without there being a fundamental fact or basis the petitioner has been forwarded as an accused in the present case.