Patna High CourtCR. MISC./16953/2021dismissed

Bihari Yadav v. The State Of Bihar

2022-02-07Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16953 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== BIHARI YADAV Son of Ram Ayodhya Yadav Barharwa, P.S.- Dumariyaghat, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-02-2022 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 Sections 30(a), 32, 36 and 41(i) of the Bihar Prohibition and Excise Act, 2016, registered in connection with Excise Case No. 46 of 2020.

The learned counsel for the petitioner has submitted that there is no evidence against the petitioner at all in the entire case diary.

Section 76(2) of the Bihar Prohibition and Excise Act,

Patna High Court CR. MISC. No.16953 of 2021(3) dt.07-02-2022 2/2 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C. As such, the anticipatory bail petition is dismissed as not maintainable, but if the petitioner surrenders and seeks regular bail before the court below, his prayer for bail shall be considered and disposed of on the merits of the case after perusing the materials emerged during the course of investigation.

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