Patna High CourtCR. MISC./4557/2022dismissed

Vicky Kumar v. The State Of Bihar

2022-08-12Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4557 of 2022 Arising Out of PS. Case No.-204 Year-2019 Thana- MEHANDIGANJ District- Patna ====================================================== VICKY KUMAR S/o Gore Singh Resident of Gajipur, P.S. - Giriyak, Pawapuri (O.P.), District - Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Krishan Jha For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner apprehends his arrest for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Mehdiganj P.S.Case No. 204 of 2019.

Learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. Nothing was recovered from his possession and his name has figured in the confessional statement of co-accused. The petitioner is a person

Patna High Court CR. MISC. No.4557 of 2022(2) dt.12-08-2022 2/2 of clean antecedent.

Be that as it may, Section 76(2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C. Hence the application is dismissed as not maintainable. If the petitioner surrenders and seeks regular bail before the court below, the same shall be disposed of on its own merit, without being prejudiced by this order. Office shall ensure that all the defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T