Bipin Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19479 of 2021 Arising Out of PS. Case No.-405 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== BIPIN RAI Son of Chulhai Rai, Resident of Village - Salempur, P.S. - Lalgunj, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Bela Singh For the Opposite Party/s :

Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-01-2022 Heard the learned counsel for the petitioner as well as Additional Public Prosecutor for the State through video conferencing.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

The petitioner apprehends his arrest in connection with Lalganj P.S. Case No. 405 of 2019 registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.

So far as the maintainability of the bail petition is concerned, Section 76 (2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the

Patna High Court CR. MISC. No.19479 of 2021(2) dt.22-01-2022 2/2 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 dismissed, as not maintainable.

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