Kundan Kumar Singh @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9446 of 2022 Arising Out of PS. Case No.-366 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== KUNDAN KUMAR SINGH @ KUNDAN KUMAR S/o Birendra Singh R/o Village- Rampur Horil, P.S.- Vaishali (Belsar O.P.), District- Vaihsali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

None appeared on behalf of the petitioner, despite repeated calls.

The petitioner apprehends his arrest for the offences alleged under Sections 272, 273 and 414 of the Indian Penal Code and Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act, registered in connection with Vaishali (Belsar O.P.) P.S.Case No. 366 of 2021. 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.

Patna High Court CR. MISC. No.9446 of 2022(2) dt.08-09-2022 2/2 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.

If the petitioner surrenders and seeks regular bail before the court below, it shall consider and dispose of the same on its own merit.

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