Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11651 of 2022 Arising Out of PS. Case No.-182 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== PRAMOD YADAV Son of Wakil Yadav Resident of Village - Mansha Dubey, Pathkhauli, P.s.- Bairiya, Distt.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-09-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as the learned APP for the State.
The petitioner apprehends his arrest in connection with Bairiya P.S. Case No. 182 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 nothing was recovered from conscious possession of the petitioner and he has been made accused only on the basis of statement of chaukidar. He has also submitted that there was one case against the petitioner and he is on bail in that case.
Be that as it may, section 76 (2) of the Bihar Prohibition
Patna High Court CR. MISC. No.11651 of 2022(2) dt.16-09-2022 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. 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