Patna High CourtCR. MISC./11679/2022disposed

Rahul Kumar v. The State Of Bihar

2022-09-17Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11679 of 2022 Arising Out of PS. Case No.-491 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== RAHUL KUMAR Son of Upendar Lal Resident of Village- Dobhi, Police Station- Dobhi, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No.2 For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-09-2022 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 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, registered in connection with Sherghati (Dobhi) P.S.Case No. 491 of 2021.

The learned counsel for the petitioner has submitted that nothing was recovered from his possession and his name has figured in the confessional statement of co-accused Bablu

Patna High Court CR. MISC. No.11679 of 2022(2) dt.17-09-2022 2/2 Kumar.

The petitioner has a criminal antecedent of similar nature of case being Dobhi P.S.Case No. 497 of 2018 under Sections 414 and 34 of the Indian Penal Code and Section 30(D) of the Bihar Prohibition and Excise Act.

Since 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.

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