Patna High CourtCR. MISC./5781/2022disposed

Ravindra Kumar @ Ravindra Kumar Ram v. The State Of Bihar

2022-08-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5781 of 2022 Arising Out of PS. Case No.-555 Year-2021 Thana- BUXAR District- Buxar ====================================================== RAVINDRA KUMAR @ RAVINDRA KUMAR RAM S/o Late Baleshwar Ram R/o Mohalla- Mathiya, P.S. - Buxar (T), Dist.- Buxar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Buxar (T) P.S. Case No. 555 of 2021 registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The learned counsel for the petitioner has submitted that no recovery has been made from the possession of the petitioner and the alleged recovery of country-made liquor was from an open place and for possessing that wine, co-accused Deepak Kumar was arrested.

Be that as it may, Section 76 (2) of the Bihar Prohibition

Patna High Court CR. MISC. No.5781 of 2022(2) dt.24-08-2022 2/2 and Excise Act, 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C.

Since the provision of Section 438 of the Cr.P.C. is not applicable in respect of offences under the Bihar Prohibition and Excise Act, 2016, as such, this anticipatory bail application is not maintainable.

If the petitioner surrenders before the court below and makes a prayer for regular bail, it shall be disposed of on the same day without being prejudiced by this order.

With these observations, this criminal miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) Mahesh/- U T