Durgesh Jha @ Durgesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10680 of 2022 Arising Out of PS. Case No.-36 Year-2018 Thana- SIMRI District- Darbhanga ====================================================== DURGESH JHA @ DURGESH KUMAR SON OF GAURI SHANKAR JHA R/O VILLAGE- KAHUA, P.S.- BIRAUL, DISTRICT- DARBHANGA AT PRESENT RESIDES AT - ISMAILGANJ, NORTH OF BIRZAKHAN TANK, P.O.- LAHERIASARAI, WARD NO.-36, EKMI, DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lalit Narayan Jha For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-09-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as the learned APP for the State.

The petitioner apprehend his arrest in connection with Simri P.S. Case No. 36 of 2018, 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 nothing was recovered from the possession of the petitioner. He is a person of clean antecedent and his name has figured in the confessional statement of co-accused Anil Paswan. Petitioner is neither driver nor owner of the said Scorpio wherefrom the alleged

Patna High Court CR. MISC. No.10680 of 2022(2) dt.13-09-2022 2/2 liquor was recovered.

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 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, 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 and nothing was recovered from his possession.

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