Patna High CourtCR. MISC./13615/2022disposed

Raju Mahto v. The State Of Bihar

2022-09-27Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13615 of 2022 Arising Out of PS. Case No.-324 Year-2021 Thana- KOTWA District- East Champaran ====================================================== RAJU MAHTO Son of Bijali Mahto Resident of Village- Dipau, Dhangar Toli, P.S.- Kotwa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Arun Kumar Mr. Shailendra Kumar, App ====================================================== 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 Kotwa P.S. Case No. 324 of 2021 registered for the offence punishable under section 30 (a) (b) (c), 32 and 34 of the Bihar Prohibition and Excise (Amendment) Act, 2018. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and only three liters of liquor is alleged to have been recovered from the house of the petitioner.

Patna High Court CR. MISC. No.13615 of 2022(2) dt.27-09-2022 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. 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. 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