Patna High CourtCR. MISC./10698/2022disposed

Kariman 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.10698 of 2022 Arising Out of PS. Case No.-776 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== KARIMAN MANJHI Son of Late Bhagrasan Manjhi Resident of Village - Kharsal, P.S.- Bettiah (Muffasil), Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sharda Kumari ====================================================== 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 Bettiah (Muffasil) P.S. Case No. 776 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 petitioner is a person of clean antecedent. From the joint house of the petitioner 15 litres of 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

Patna High Court CR. MISC. No.10698 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, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T