Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7509 of 2022 Arising Out of PS. Case No.-361 Year-2021 Thana- GOGRI District- Khagaria ====================================================== 1.

MANTU YADAV Son of Upendra Yadav Resident of Village - Bhuriya Diyara, P.S. - Gogri, District - Khagaria.

2.

Ghanshyam Yadav Son of Upendra Yadav Resident of Village - Bhuriya Diyara, P.S. - Gogri, District - Khagaria.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

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

At the outset, learned counsel for the petitioner has submitted that petitioner No. 1 has been arrested during pendency of this bail petition. He, therefore seeks permission to withdraw the anticipatory bail petition in respect of petitioner No. 1. In view of the aforesaid, the anticipatory bail petition of petitioner No. 1 is dismissed as withdrawn.

The petitioner No. 2 apprehends his arrest in connection with Gogri P.S. Case No. 361 of 2021, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and

Patna High Court CR. MISC. No.7509 of 2022(2) dt.25-08-2022 2/2 Amendment Excise Act, 2018.

As per allegation, two litres of liquor were recovered from the joint house of the petitioner.

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.

If the petitioner surrenders before the court below and makes a prayer for regular bail, that shall be disposed of on the same day of its filing, 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