Chhotu Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10769 of 2022 Arising Out of PS. Case No.-348 Year-2021 Thana- KADAMKUAN District- Patna ====================================================== CHHOTU KUMAR @ VIKASH KUMAR S/O RAVINDRA KAHAR @ RAVINDRA SNGH Resident of Khatal Gali, Near Durga Mandir, Tenant in the house of Tunni Rai, P.S.- Kadamkuan, District- Patna, permanent addressKandhopur, Adampur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr. J.N.Thakur ===================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-09-2022 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 Kadamkuan P.S.Case No. 348 of 2021.

As per allegation, approximately three litres of liquor was recovered from the tenanted portion of the petitioner. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.10769 of 2022(2) dt.14-09-2022 2/2 that the petitioner 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. 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