Bibhishan Mahto @ Bibhishan Kumar @ Vibhishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13077 of 2022 Arising Out of PS. Case No.-277 Year-2021 Thana- KHANPURA District- Samastipur ====================================================== BIBHISHAN MAHTO @ BIBHISHAN KUMAR @ VIBHISHAN KUMAR S/o Raghubeer Mahto R/o village- Rewara Jagdishpur, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Choudhary For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-09-2022 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 the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Khanpur P.S. Case No. 277 of 2021 registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. His name has figured in confessional statement of co-accused. He was driver of the vehicle wherefrom 34 liters of liquor was recovered and

Patna High Court CR. MISC. No.13077 of 2022(2) dt.27-09-2022 2/2 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. 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 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 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/- U T