Ramesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11632 of 2022 Arising Out of PS. Case No.-370 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== RAMESH KUMAR SAH Son of Jawahar Lal Sah Resident of Village/ Mohalla- Brahampura Chowk, Ward No.-04,k M.I.T., Muzaffarpur, Police Station- Brahampura, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar @ Vijay Kr. Singh For the Opposite Party/s :

Mr.Shailendra Kumar, 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 Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner apprehends his arrest for the offences alleged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016, registered in connection with Excise P.S.Case No. 370 of 2021, P.R.No.39 of 2021. The learned counsel for the petitioner has submitted that he is merely an owner of T.V.S. Luna bike wherefrom 15 litres of liquor was recovered. Nothing was recovered from his

Patna High Court CR. MISC. No.11632 of 2022(2) dt.16-09-2022 2/2 possession. He is a person of clean antecedent. 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. hence it is not maintainable.

If the petitioner surrenders and seeks regular bail before the court below, that shall be disposed of on its own merit on the same day, without being prejudiced by this order. 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