Patna High CourtCR. MISC./12933/2022disposed

Phulchand Bind @Fulchand Bind v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12933 of 2022 Arising Out of PS. Case No.-606 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== PHULCHAND BIND @FULCHAND BIND Son of Devraj Bind R/o village - Akhalaspur (Lohran toil), P.S.- Bhabua, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== 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 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, registered in connection with Bhabua P.S.Case No. 606 of 2021.

Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and as per allegation 20 litres of liquor was recovered from the septic tank of the joint house of the petitioner.

Patna High Court CR. MISC. No.12933 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. 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