Patna High CourtCR. MISC./10700/2022disposed

Ratan Manjhi @ Raj Kumar Manjhi v. The State Of Bihar

2022-09-13Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10700 of 2022 Arising Out of PS. Case No.-832 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== RATAN MANJHI @ RAJ KUMAR MANJHI SON OF NARESH MANJHI R/O VILLAGE- GONPURA MUSAHARI, P.S.- PHULWARISHARIF, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-09-2022 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.

The petitioners apprehend their arrest in connection with Phulwarisharif P.S. Case No. 832 of 2021, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Amendment Excise Act, 2016.

Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and only 10 litres of liquor was 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., as such, this

Patna High Court CR. MISC. No.10700 of 2022(2) dt.13-09-2022 2/2 anticipatory bail application is not maintainable. 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, 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, (Nawneet Kumar Pandey, J) SONALI/- U T