Patna High CourtCR. MISC./10705/2022disposed

Manoj Mandal v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10705 of 2022 Arising Out of PS. Case No.-311 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== MANOJ MANDAL SON OF BRAHAMDEO MANDAL R/O VILLAGEKASIL, P.S.- GORADIH, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== 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 Sabour (Goradih) P.S. Case No. 311 of 2021, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent. He is neither owner nor driver of the vehicle wherefrom the alleged liquor was recovered. The co-accused person has taken the name of the present petitioner due to previous dispute with the petitioner.

Be that as it may, section 76 (2) of the Bihar Prohibition

Patna High Court CR. MISC. No.10705 of 2022(2) dt.13-09-2022 2/2 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, 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