Madan Mohan Jha vs The State Of Bihar Through Principal ... on 14 October, 2019

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Patna High Court - Orders

Madan Mohan Jha vs The State Of Bihar Through Principal ... on 14 October, 2019

Bench: Ashwani Kumar Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.3340 of 2018
                   Arising Out of PS. Case No.-155 Year-2018 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Madan Mohan Jha

                                                                        ... ... Petitioner
                                                     Versus
                 The State Of Bihar Through Principal Secretary, Department Of Excise
                 police, Old Secretariat, Patna & Ors.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Sanjeev Kumar Mishra
                 For the Respondent/s    :       Mr.Vikash Kumar SC11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                                       ORAL ORDER

2   14-10-2019

Heard learned counsel for the petitioner and learned counsel for the State.

This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing the first information report (for short 'FIR') of Special Case No. 1968 of 2018 arising out of Phulwarisharif (Janipur) P.S. Case No. 155 of 2018 registered under Section 37(c) of the Bihar Prohibition and Excise Act, 2016 (for short 'the Act').

Learned counsel for the petitioner submitted that from the allegations made in the FIR no offence is attracted against the petitioner. He contended that no breath analyzer test of the petitioner had ever been conducted by the police. The alleged test report does not bear the signature of the petitioner. Hence, the same cannot be believed to be a bonafide breath analysis Patna High Court CR. WJC No.3340 of 2018(2) dt.14-10-2019 2/2 report of the petitioner. He has further contended that in terms of Section 75 of the Act no medical test apart from the alleged breath analyzer test was conducted in order to ascertain as to whether or not the petitioner was drunk.

Learned counsel for the State prays for three weeks time in order to enable him to seek instructions and file counter affidavit in the matter.

As prayed for, put up after three weeks.

(Ashwani Kumar Singh, J) Pradeep/-

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Patna High Court - Orders