Pratap Singh Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11643 of 2022 Arising Out of PS. Case No.-250 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== PRATAP SINGH SONI Son of Jagdish Singh Soni R/o 86, Shankar Nagar, P.S.- Brahmpuri, District- Jaipur (Rajasthan). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-09-2022 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.

The petitioner apprehends his arrest for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Excise Case No. 250 of 2021.

The learned counsel for the petitioner has submitted that 65.880 litre of liquor was recovered from the dickey of a bus, to which the petitioner is the owner. The cleaner and the driver were arrested at the spot. Several passengers were also present in that bus. He has submitted further that the petitioner has falsely been implicated in this case merely because he is the owner of the bus. He was not aware of the consignment loaded by the khalasi and the driver. The petitioner is a person of clean antecedent. He has also submitted that the said bus was given by the petitioner to Vivek Garg thorugh a power of attorney.

Be that as it may, Section 76(2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on

Patna High Court CR. MISC. No.11643 of 2022(2) dt.21-09-2022 2/2 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 the person of clean antecedent and he is merely owner of the bus.

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