IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45022 of 2007 ASHOK PRASAD Versus STATE OF BIHAR & ANR ----------- 2/ 19.01.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of prosecution in Bajpati P.S. Case No. 64/2007 under Section 420/120B of I.P.C. and 47(A) of the Excise Act. Learned counsel submits from the allegations themselves that he is a valid holder of an Excise license. The allegations are that the petitioner opened the liquor shop at Bangaon North instead of West in terms of the licence. Disputing the contention, learned counsel submits that even if that be so, it at best constitutes an offence for violation of the terms of the licence leading to proceedings for cancellation. When the licence granting authority is not complaining, the Police Officer has no jurisdiction under Section 87 to institute the prosecution questioning the same. In view of the fact that the petitioner is admitted to a valid licence, the allegations are to have opened the liquor shop at a place other than licensed, this Court finds substance in the argument that it at best constitutes an offence under the terms of the licences rendering the same liable for cancellation if the allegations be correct. The entire proceeding against the petitioner in Bajpatti 2 P.S. Case no.64/2007 is quashed. The application is disposed off. S.B.P. (Navin Sinha, J.)