Patna High CourtCR. MISC./12785/2022disposed

Pintu Kumar Yadav @ Raju Kumar v. The State Of Bihar

2022-09-21Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12785 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== PINTU KUMAR YADAV @ RAJU KUMAR Son of Ramsuchit Yadav Resident of Village- Bhoja Bigha, P.S.- Muffasil, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Anand For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-09-2022 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 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Muffasil P.S.Case No. 36 of 2022.

As per allegation, the petitioner fled away after throwing the polythene. That polythene was recovered from the back portion of the house of petitioner and 1.25 litres of Mahua liquor was recovered therefrom.

Patna High Court CR. MISC. No.12785 of 2022(2) dt.21-09-2022 2/2 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. The learned court below shall take notice of the fact that the petitioner is a person of clean antecedent and quantity of liquor so recovered is meagre.

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