Patna High CourtCR. MISC./6792/2022disposed

Rajesh Kumar v. The State Of Bihar

2022-08-25Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6792 of 2022 Arising Out of PS. Case No.-759 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== RAJESH KUMAR Son of Baldev Sah Resident of Village - Sadatpur, P.s.- Kanti , Distt.- Mzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-08-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as the learned APP for the State.

The petitioner apprehends his arrest in connection with Kanti P.S. Case No. 759 of 2020, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Amendment Excise Act, 2016.

Learned counsel for the petitioner has submitted that petitioner is a person of clean antecedent. There is allegation that approximately twenty three litres of liquor was recovered from his motorcycle and baithka. He has submitted further that Mukesh Sah, brother of the petitioner has been granted regular bail. Be that as it may, section 76 (2) of the Bihar Prohibition

Patna High Court CR. MISC. No.6792 of 2022(2) dt.25-08-2022 2/2 and Excise Act, 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C., as such, this anticipatory bail application is not maintainable. If the petitioner surrenders before the court below and makes a prayer for regular bail, that shall be disposed of on its own merit without being prejudiced by this order. The learned court below may take notice of the fact that the petitioner is a person of clean antecedent.

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

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T