Patna High CourtCR. MISC./12873/2022disposed

Dinesh Mahto v. The State Of Bihar

2022-09-23Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12873 of 2022 Arising Out of PS. Case No.-136 Year-2021 Thana- BALIGAON District- Vaishali ====================================================== DINESH MAHTO Son of Late Bhola Mahto Resident of Village - Bela Sandhan, P.S. - Baligaon, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2022 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 Section 30(a)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Baligaon P.S.Case No.136 of 2021.

Learned counsel for the petitioner has submitted that he is a person of clean antecedent and there is allegation that five litres of country-made liquor and 40 litres of Kachcha Java were recovered from his house.

Patna High Court CR. MISC. No.12873 of 2022(2) dt.23-09-2022 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 may take notice of the fact that the petitioner is a person of clean antecedent.

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