Mukesh Yadav @ Mukesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11613 of 2022 Arising Out of PS. Case No.-373 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== MUKESH YADAV @ MUKESH CHAUDHARY Son of Phagu Yadav @ Phagu Chaudhary Resident of Village - Roop Poiya, P.s.- Kateya, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek, Adv.

For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as Mr. J.N. Thakur, the learned Additional Public Prosecutor for the State through video conferencing.

The petitioner apprehends his arrest in connection with Kateya P.S. Case No. 373 of 2018, registered for the offence punishable under sections 30(a), 35, 38 and 37 (c) of the Bihar Prohibition and Excise Act, 2018.

The learned counsel for the petitioner has submitted that noting was recovered from the possession of the petitioner. The motor cycle wherefrom the illicit liquor was recovered, was not belonging to him and his name has figured only in the statement of Chowkidar. He is a person of clean antecedent.

Patna High Court CR. MISC. No.11613 of 2022(2) dt.16-09-2022 2/2 So far as the maintainability of the bail petition is concerned, 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.

Since the provision of Section 438 of the Cr.P.C. is not applicable in respect of offences under the Bihar Prohibition and Excise Act, 2016, as such, this anticipatory bail application as 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 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, this criminal miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/Nirmal U T