Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9139 of 2022 Arising Out of PS. Case No.-331 Year-2021 Thana- DORIGANJ District- Saran ====================================================== AJAY RAI Son of Shaligram Rai Resident of Village - Raipur, Bindgawan, P.s.- Doriganj, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-09-2022 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), 38 and 41 of the Bihar Prohibition and Excise Act, registered in connection with Doriganj P.S.Case No. 331 of 2021.

Learned counsel for the petitioner has submitted that he is merely owner of the vehicle wherefrom illicit liquor in meagre quantity was recovered. As a mater of fact, the petitioner had given his vehicle to his relative and he was not aware of the

Patna High Court CR. MISC. No.9139 of 2022(2) dt.09-09-2022 2/2 consignment of that vehicle. He is a person of clean antecedent. 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. hence it is not maintainable.

If the petitioner surrenders and seeks regular bail before the court below, that shall be disposed of on its own merit on the same day, without being prejudiced by this order. The learned court below may take notice of the fact that the petitioner is merely an owner of the vehicle and had given his vehicle to his relative and was not aware of the consignment of that vehicle. He is a person of clean antecedent. With these observations, the application stands disposed of.

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