Patna High CourtCR. MISC./22197/2021dismissed

Chandan Kumar @ Chandan Ray @ Chandan Kumar Ray v. The State Of Bihar

2022-01-27Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22197 of 2021 Arising Out of PS. Case No.-94 Year-2020 Thana- ANGARGHAT District- Samastipur ====================================================== 1.

CHANDAN KUMAR @ CHANDAN RAY @ CHANDAN KUMAR RAY S/o Pramod Ray R/o Village- Chaita Uttari Tola, P.S.- Warisnagar, DistrictSamastipur. 2.

Chandan Kumar Ray @ Chandan Kumar @ Chandan Kumar Ray S/o Naresh Ray @ Naresh Rai R/o- Village- Chaita Uttari Tola, P.S.- Warisnagar, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-01-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners apprehend their arrest for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, registered in connection with Angarghat P.S.Case No. 94 of 2020.

Section 76(2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the

Patna High Court CR. MISC. No.22197 of 2021(3) dt.27-01-2022 2/2 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 is dismissed as not maintainable.

If the petitioners surrender and seek regular bail before the court below, the court below shall consider the same on its own merit.

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